Section 20.10. Domestic partner benefits.

 

(1)  For the purposes of this section, "member" means any of the following persons:

(a) Participant.

(b) Annuitant.

(c) Eligible employee.

(d) Beneficiary.

(e) Alternate payee.

(f) Recipient of duty disability benefits under s. 40.65 , Stats.

(2)  

(a) For the purposes of the benefits authorized under ch. 40 , Stats. , a domestic partnership as defined in s. 40.02 (21d) , Stats., becomes effective on the date that the department receives a completed and notarized Affidavit of Domestic Partnership form (ET-2371), except that a domestic partnership cannot become effective before January 1, 2010.

(b) The department may reject any Affidavit of Domestic Partnership (ET-2371) that is illegible or missing information necessary for benefit administration purposes. Affidavits that are missing the name or signature of either domestic partner or are not notarized shall be rejected. Any affidavit so rejected shall have no force or effect, and for the purposes of the benefits authorized in ch. 40 , Stats. , the effective date of the domestic partnership shall be based on the date the department receives a completed, notarized Affidavit of Domestic Partnership form (ET- 2371) signed by both partners.

(c) Registering as domestic partners under the provisions of ch. 770 , Stats. , does not establish a domestic partnership for the purposes of the benefits authorized in ch. 40 , Stats.

(d) Establishing a domestic partnership or a same-sex marriage in another state does not establish a domestic partnership for the purposes of the benefits authorized in ch. 40 , Stats.

(3)  Once a domestic partnership becomes effective it remains in force until the earlier of the following dates:

(a) The date on which the department receives a notarized Affidavit of Termination of Domestic Partnership form (ET-2372) signed by either the member or the domestic partner.

(b) Based on evidence provided to the department, the date established to the department's satisfaction that the domestic partnership no longer met all of the conditions in s. 40.02 (21d) , Stats. Examples of no longer meeting the conditions include one of the domestic partners marrying another person or establishing a new domestic partnership with a different partner under sub. (2) , or no longer sharing a common residence.

(c) The date on which neither domestic partner is a member as defined in sub. (1) .

(d) The date determined by the court that a domestic partnership terminated.

(e) The department may reject any Affidavit of Termination of Domestic Partnership (ET-2372) that is illegible or missing information necessary for benefit administration purposes. Any affidavit terminating a domestic partnership that is missing the name of either domestic partner, the signature of the domestic partner who is terminating the domestic partnership, or is not notarized shall be rejected, and shall have no force or effect. Except as provided in pars. (b) , (c) , and (d) , for the purposes of the benefits authorized in ch. 40 , Stats. , the effective date of the termination of the domestic partnership shall be based on the date the department receives a completed, signed and notarized Affidavit of Termination of Domestic Partnership form (ET- 2372).

(f) Terminating a domestic partnership created under the provisions of ch. 770 , Stats. , does not terminate a domestic partnership established under sub. (2) for the purposes the benefits authorized in ch. 40 , Stats.

(4)  Affidavits certifying or terminating a domestic partnership that are received after the date of death of either domestic partner are invalid, and shall have no force or effect.

(5)  The domestic partner provisions in ss. 40.08 (8) (a) 4. and 40.23 (4) (e) 1. and (f) , Stats., shall not apply if such provisions are inconsistent with any internal revenue code provisions that authorize and regulate the benefit plan.

EmR0938 : emerg. cr. eff. 1-1-10; CR 10-004 : cr. Register July 2010 No. 655 , eff. 8-1-10; correction in (3) (e) made under s. 13.92 (4) (b) 7. , Stats., Register July 2010 No. 655 .

Note

The Affidavit of Domestic Partnership form, ET-2371, and the Affidavit of Termination of Domestic Partnership form, ET-2372, 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: [phone] or toll free at [phone]. The forms also are available on the department's website: etf.wi.gov. Microsoft Windows NT 6.1.7601 Service Pack 1