Rule-Making Notices
Notice of Hearing
Employee Trust Funds
NOTICE IS HEREBY GIVEN the Wisconsin Department of Employee Trust Funds (ETF) proposes an order pursuant to section
227.14, Stats., to amend section
ETF 20.055 relating to the waiver of spousal/domestic partner consent on Wisconsin Retirement System benefit applications.
Hearing Information
A public hearing on the proposed rule will be held at the time and location below:
Date and Time:
|
Location:
|
February 10, 2011
Thursday
2:00pm
|
Department of Employee Trust Funds
Conference Room GA
801 W. Badger Road
Madison, WI 53713
|
Persons wishing to attend should come to the reception desk up the stairs (or by elevator) from the main entrance to the building.
Copies of Proposed Rule
Copies of the proposed rule are available without cost from the Office of the Secretary, Department of Employee Trust Funds, P.O. Box 7931, Madison, WI 53707-7931. The telephone number is: (608) 266-1071.
Submittal of Written Comments
Comments may be submitted to the contact person no later than 4:30 p.m., Central Standard Time, on February 21, 2010.
Analysis Prepared by the Department of Employee Trust Funds
Statute(s) interpreted
Sections
40.24 (7) and
40.25 (3m), Stats., relating to ETF waiving the requirement for a spouse's/domestic partner's signature on Wisconsin Retirement System benefit applications.
Statutory authority
Explanation of statutory authority
By statute, the ETF Secretary is expressly authorized, with appropriate board approval, to promulgate rules required for the efficient administration of any benefit plan established in ch.
40 of the Wisconsin statutes. Each state agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Related statute(s) or rule(s)
There are no other rules that clarify the circumstances under which ETF will accept a participant's documentation and certification that a participant is unable to obtain a spouse's/domestic partner's signature on a Wisconsin Retirement System benefit application.
Plain language analysis
If a participant has been married for at least one full year at the time a retirement benefit begins, s.
40.24 (7), Stats., requires a spouse's/domestic partner's signature on Wisconsin Retirement System retirement benefit applications unless the participant selects a joint and survivor annuity with the spouse as the named survivor. Section
40.25 (3m) Stats., requires a spouse's/domestic partner's signature on Wisconsin Retirement System separation benefit applications, and on lump sum retirement benefit applications when the participant is not restricted to a lump sum retirement benefit.
Both ss.
40.24 (7) and
40.25 (3m), Stats., provide that ETF may waive the requirement for a spouse's/domestic partner's signature in situations where the participant's spouse's or domestic partner's signature cannot be obtained. Section
ETF 20.055 currently restricts ETF to waiving the spousal/domestic partner's signature only in cases where either the spouse/domestic partner has been declared incompetent or the participant does not know the spouse's/domestic partner's whereabouts for at least 90 days. The proposed amendment would increase ETF's flexibility to waive the spousal/domestic partner consent requirement if the participant submits evidence to the department's satisfaction that the spouse's/domestic partner's signature is unobtainable. This flexibility is more consistent with the statutory language and intent than the current rule.
Summary of, and comparison with, existing or proposed federal regulations
There are no existing federal regulations that specifically address how public retirement plans administer a spousal/domestic partner consent requirement.
Comparison with rules in adjacent states
Employees of public employers in adjacent states do not participate in the Wisconsin Retirement System. The participants in the various public retirement plans in each state are subject to their own plans' spousal and/or domestic partner consent requirements where applicable.
Summary of factual data and analytical methodologies
The proposed rule amendment is intended to bring ETF's waiver of spousal/domestic partner consent rule into closer harmony with the statutes, and provide ETF with the greater flexibility authorized in the statutes.
Analysis and supporting documents used to determine effect on small businesses
The rule does not have an effect on small businesses because private employers and their employees do not participate in, and are not covered by, the Wisconsin Retirement System.
Effect on Small Business
There is no effect on small business.
Fiscal Estimate
The rule will have a minimal fiscal effect, in that it will require minor changes to ETF's procedures with respect to waiving the requirement for spousal/domestic partner consent on Wisconsin Retirement System benefit applications. Any costs are anticipated to be insignificant, and the Department can absorb these costs within the existing base budget. The rule will not create any additional fiscal impact on any county, city, village, town, school district, technical college district, or sewerage districts. The rule will not create any additional fiscal impact on the state for the current biennium. The rule will not have any fiscal impact on the private sector.
Agency Contact Person
Linda Owen, Policy Analyst, Department of Employee Trust Funds, 801 W Badger Rd, Madison, WI 53713-7931, P.O. Box 7931 (use ZIP Code 53707 for PO Box). Phone: 608-267-2847; e-mail:
linda.owen@etf.state.wi.us.
Notice of Hearing
Employee Trust Funds
NOTICE IS HEREBY GIVEN that the Wisconsin Department of Employee Trust Funds (ETF) proposes an order pursuant to section
227.14, Stats., to repeal and recreate section
ETF 10.75, relating to the implementation of statutory changes related to power of attorney for finances and property pursuant to
2009 Wisconsin Act 319.
Hearing Information
A public hearing on the proposed rule will be held at the time and location below:
Date and Time:
|
Location:
|
February 3, 2011
Thursday
2:00pm
|
Department of Employee Trust Funds
Conference Room GA
801 W. Badger Road
Madison, WI 53713
|
Persons wishing to attend should come to the reception desk up the stairs (or by elevator) from the main entrance to the building.
Copies of Proposed Rule
Copies of the proposed rule are available without cost from the Office of the Secretary, Department of Employee Trust Funds, P.O. Box 7931, Madison, WI 53707-7931. The telephone number is: (608) 266-1071.
Submittal of Written Comments
Comments may be submitted to the contact person no later than 4:30 p.m., Central Standard Time, on February 14, 2010.
Analysis Prepared by the Department of Employee Trust Funds
Statute(s) interpreted
Various statute sections in ch.
244, Stats., relating to uniform power of attorney.
Statutory authority
Explanation of agency authority
By statute, the ETF Secretary is expressly authorized, with appropriate board approval, to promulgate rules required for the efficient administration of any benefit plan established in ch.
40 of the Wisconsin statutes. Each state agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
Related statute(s) or rule(s)
There are no other rules that clarify how ETF will administer Chapter
40, Stats., benefits with respect to power of attorney.
2009 Wisconsin Act 319 contains changes to the statutes relating to power of attorney for property and finances.
Plain language analysis
2009 Wisconsin Act 319 updates provisions related to the uniform power of attorney for property and finances. Rule changes are necessary to bring ETF's treatment of power of attorney documents into harmony with the new statutes, including:
A rule clarifying how the department will process conflicting transaction requests from co-agents when the principal has granted authority to execute such transactions to multiple agents.
A rule specifying how the department will implement the 10-day deadline for rejecting power of attorney documents and requests provided in
2009 Wisconsin Act 319.
A rule specifying the department's treatment of an agent's request to execute a transaction when the power of attorney document is incomplete or certification is required.
