Documentation of inability to obtain a spouse's or domestic
partner's signature on an annuity application as required under s.
40.24(7) (a) or s.
40.25(3m),
Stats., or on a separation benefit application as provided in s.
40.25(3m),
Stats., shall be accepted for any of the following reasons:
(1)
(a) The
spouse or domestic partner is incompetent as defined under s.
54.10(3),
Stats., and a copy of the court order appointing the spouse's or domestic
partner's guardian is submitted to the department.
(b) The guardian's signature shall be
required on the annuity application in lieu of the spouse's or domestic
partner's signature if the participant chooses an annuity option other than an
option specified under s.
40.24(7) (a) or
40.25(1) (a), Stats.
(c) The spouse's, domestic partner's or
guardian's signature is not required when the participant is only eligible for
a single sum benefit payable under s.
40.25(1) (a), Stats.
(2) The participant certifies, on a form
provided by the department, that the participant does not now know and has not
known the whereabouts of the spouse or domestic partner for at least the 90
days immediately prior to the date the application is signed, or the
participant provides evidence to the department's satisfaction that the
spouse's or domestic partner's signature is otherwise not obtainable.
Note: Section ETF 20.055(2) requires a form which can be
obtained at no charge by writing to: department of employee trust funds, P.O.
Box 7931, Madison, WI 53707-7931, or by calling: (608) 266-3285 or toll free at
(877) 533-5020.
(3) The
requirements in s.
40.24(7) (a) (intro.) and (b), Stats., and in s.
40.25(3m),
Stats., as it applies to s.
40.25(1) (b), Stats., related to the requirement for
the domestic partner's signature on benefit applications, shall not apply if
the participant is prohibited under the internal revenue code from selecting a
joint and survivor annuity with the domestic partner as the named survivor,
based on the participant's and domestic partner's respective ages.
Notes
Wis. Admin. Code Department of Employee Trust Funds
ETF 20.055
Cr. Register, September,
1986, No. 369, eff. 10-1-86; EmR0938: emerg. am. eff. 1-1-10; CR 10-004: am.
Register July 2010 No. 655, eff. 8-1-10; CR 10-137: am. Register August 2011
No. 668, eff. 9-1-11.
