Current through August 26, 2024
(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.
(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 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.
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: (608)
266-3285 or toll free at (877) 533-5020. The forms also are available on the
department's website: etf.wi.gov.
