Retirement Benefits of Tollefson v. Wyoming State Retirement Board

2003 WY 150, 79 P.3d 518, 2003 Wyo. LEXIS 181, 2003 WL 22723372
CourtWyoming Supreme Court
DecidedNovember 20, 2003
Docket02-62
StatusPublished
Cited by1 cases

This text of 2003 WY 150 (Retirement Benefits of Tollefson v. Wyoming State Retirement Board) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Retirement Benefits of Tollefson v. Wyoming State Retirement Board, 2003 WY 150, 79 P.3d 518, 2003 Wyo. LEXIS 181, 2003 WL 22723372 (Wyo. 2003).

Opinion

GOLDEN, Justice.

[T1] In 1998, Natrona County School District Number One (the School District) decided to implement a performance based salary system for certain employees. These employees would receive a base salary and then potentially be eligible for additional incentive pay if they achieved certain performance goals. Ann Tollefson received several incentive payments under this program. The Wyoming Retirement System determined that these incentive payments were not salary, but rather constituted "bonus" payments and thus excluded them from the calculation of Tollefson's retirement benefits upon her retirement. Retirement benefits are calculated as a percentage of an employee's highest average salary for a certain number of years. The higher the average salary, the higher the retirement benefits. Thus, the decision of the Wyoming Retirement System to exclude the incentive payments lowered Tollefson's retirement benefit.

[12] Tollefson appealed to the Wyoming Retirement Board (the Board), which upheld the decision of the Wyoming Retirement System. Tollefson then appealed to district court, which certified the appeal to us pursuant to W.R.A.P. 12.09. 1 We reverse the decision of the Board and remand with instructions to include the incentive payments in the calculation of Tollefson's retirement benefits.

ISSUES

[13] The parties agree the two issues before this Court are:

1. Did the Wyoming Retirement Board properly conclude that the Performance Salary Awards paid to Petitioner by Na-trong County School District No. One do not constitute "salary" under Wyo. Stat. § 9-3-402(a)(xvi)?
2. Did the Wyoming Retirement Board properly conclude that the Performance Salary Awards paid to Petitioner by Na-trona County School District No. One constitute "bonuses" as excluded by the Board's rules and regulations?

FACTS

[T4] This appeal is presented upon stipulated facts. 2 The pertinent facts as stipulated are as follows:

1. The Petitioner, Ann Tollefson, is a member of the Wyoming Retirement Sys *520 tem and has been a member of the Wyoming Retirement System since August 26, 1963.
2. Ann Tollefson retired on July 1, 2000, from Natrona County School District No. One with 394 total months of service. The total months of service is not in dispute in this matter. Ms. Tollefson has been a teacher and an administrator during her career with the Wyoming public schools.
3. During the last three years of her career, 1997 through 2000, Ms. Tollefson was the Executive Director of School-Community Relations and Resource Development with Natrona County School District No. One. This is a "cabinet level" position.
4. In 1998, the Natrona County School District No. One Board of Trustees started a new compensation system called "performance pay" for cabinet level employees. This new compensation system was the first such system for any employees in Natrona County School District No. One. Similar systems have been established by Natrona County School District No. One for administrators other than cabinet level positions starting school year 1998-1999; teachers starting the school year 1999-2000; and classified employees to begin with school year 1999-2000. . . .
5. On May 830, 2000, Ann Tollefson filed an Application for Retirement with the Wyoming Retirement System. The Application selected Option 1 retirement, with an effective retirement date of July 1, 2000.
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8... . B. In the calculation of Ann Tollef-son's retirement benefit the Wyoming Retirement System did not include amounts that were refunded due to "unacceptable bonus" or "performance pay." ...
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10. By letter dated February 2, 2000, the Wyoming Retirement System notified the Natrona County Schools of the return of the contributions paid on bonus pay for Ann Tollefson ....
11. By letter dated July 25, 2000, the Wyoming Retirement System notified the Natrona County Schools of the return of the contributions paid on "performance pay" for Aun Tollefson, as well as other employees....
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25. It is the position of the Wyoming Retirement System that the Performance Pay received by Ann Tollefson in this matter is a "bonus" and under the rule does not meet the definition of "cash remuneration."
26. It is Ann Tollefson's position that "performance pay" received by Ann Tollef-son is not a "bonus" under the applicable rule and meets the definition of "cash remuneration" in the statutes and the rules.
27. The performance salary compensation system initiated by the Natrona County School District No. One Board of Trustees is an ongoing, permanent system established to compensate all employees.
28. Not all employees who are eligible for "performance salary awards" receive them. ... The Performance Salary Awards granted by Natrona County School District No. One vary with the performance of the individual employee as evaluated by the assigned evaluators.
29. Performance Salary Awards are an incentive to encourage employee performance in Natrona County School District No. One.

[15] Attached to the Stipulation of Facts and incorporated therein are several documents. These documents help explain the compensation scheme implemented by the School District. The performance salary compensation system, as explained by the School District and reflected in employee contracts, entails the establishment of a Performance Salary Range (PSR) for each employee. The PSR essentially is a pay band. Employees are assigned a Basic Salary (BS) from within the PSR. The BS is the fixed annual salary and is the least annual compensation an employee can expect to receive during the year. In addition to the BS, the pay system provides for Performance Salary (PS). The PS is the difference between the BS and the top of the PSR. The BS and the PS together represent the maximum amount that an employee can earn in an annual period.

*521 [16] As stated in Tollefson's employment contracts, the employee "may earn" a PS award not to exceed the difference between the employee's BS and the maximum of her PSR. Employees are evaluated four times a year to provide feedback on their performances and the Superintendent and the Board Compensation Sub-committee determine the PS award as a part of the second and fourth evaluation. As stated in the facts, the PS awards granted by the School District vary with the performance of the individual employee as evaluated by the assigned evaluators. Not all employees receive PS awards after evaluation. The School District, however, established a salary budget equal to the top of each employee's PSR.

[17] -In its initial proposal, dated November 23, 1998, the School District explained the rationale for the performance pay system as follows:

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2003 WY 150, 79 P.3d 518, 2003 Wyo. LEXIS 181, 2003 WL 22723372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/retirement-benefits-of-tollefson-v-wyoming-state-retirement-board-wyo-2003.