Wis. Admin. Code Department of Employee Trust Funds ETF 20.37 - Death benefits

(1) TERMINATION PRIOR TO DEATH. If employment with a participating employer actually terminated prior to the death of the participant, then the participant may not be treated as a participating employee for purposes of s. 40.71, Stats., regardless of when notice of the termination is filed with the department.

Note: If the termination of employment occurs on the last day on which the employee actually performs services for the employer, and the death occurs on the same day, the participant will be treated as an employee through the end of that day, as provided by s. 40.02(25), Stats.

(2) For purposes of applying s. 40.74(6), Stats., when determining beneficiaries of a death benefit, reasonable efforts to locate a potential beneficiary of a participant shall consist of all of the following actions:

(a) Search on the department's internal information technology systems for information regarding the participant and any potential beneficiary.

(b) Utilize an appropriate Internet program for locating people.

(c) Contact a person who may be a beneficiary, if the department learns the name of that person.

(d) Contact the employer of a person who may be a beneficiary, if the department learns the name of the employer.

Notes

Wis. Admin. Code Department of Employee Trust Funds ETF 20.37

CR 07-068: cr. Register March 2008 No. 627, eff. 4-1-08; CR 09-057: cr. (2) Register May 2010 No. 653, eff. 6-1-10. Amended by, CR 14-055: r. (2) (e) Register May 2015 No. 713, eff.6/1/2015

2007 Wisconsin Act 131 created s. 40.74(6), Stats. This provision allows the department, when determining beneficiaries of a death benefit, to presume that a beneficiary who cannot be located within 12 months actually died before the participant. The language in the statute is permissive. This rule (CR 09-057) establishes what will be considered to be reasonable efforts by the department to locate the potential beneficiary.