Wyoming Statutes
Wyo. Stat. § 9-3-423 (2026)
Disability; medical and other examinations, tests
✓ current as of May 2026
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and evaluations subsequent to retirement; failure to submit to
examinations, tests and evaluations; restoration to service;
deduction from benefit for excess earnings.
(a) Once each year during the first five (5) years
following retirement of a member for disability under the
system, and once in every three (3) year period thereafter, the
board may require a member who is not eligible for normal
retirement benefits pursuant to W.S. 9-3-415(a) or 9-3-431 to
undergo a medical examination by a physician designated by the
board or any other examination, test or evaluation determined
necessary by the board. If the member refuses to submit to a
medical or other examination, test or evaluation, his benefit
payments shall be discontinued.
(b) If any member receiving a disability benefit under
this article is restored to service, the payment of the benefit
shall be discontinued, that member shall become a contributing
member of the system and all previous years of service credit
including the period of the disability retirement, shall be
credited to his service for the purpose of determining
eligibility under W.S. 9-3-415 or 9-3-431.
(c) If a member is restored to service from disability
retirement and subsequently discontinues his employment for any
reason other than a recurrence of the original disability, or
another disability, he is not entitled to any disability
benefit.
(d) Any member receiving a nonduty-connected total or
partial disability benefit who has not reached age sixty (60)
shall annually report to the board in a form prescribed by the
board, his total earnings for the preceding calendar year from
any gainful employment for wages and any worker's compensation
benefits. Fifty percent (50%) of the excess of any earnings or
benefits over the base pay for the position held at the time of
disability shall be deducted, in a manner the board determines,
from his disability benefit beginning ninety (90) days following
the day the report is due. If any member received a disability
benefit for less than twelve (12) months in a calendar year for
which earnings were reported, the deduction, if any, shall be
determined on a pro rata basis.