ETF 10.75(3)(d)(d) Paragraph (c) shall not apply if the principal executed the power of attorney after the date on which the department received the transaction request.

ETF 10.75(3)(e)(e) A document signed by the agent prior to the date on which the power of attorney becomes effective shall have no force or effect.

ETF 10.75(4)(a)(a) If the principal has granted joint power of attorney to co-agents, the department or the Wisconsin deferred compensation program administrator, as applicable, shall require the signature of each agent on any transaction that requires the principal’s signature.

ETF 10.75(4)(b)(b) If the principal has granted separate power of attorney to more than one agent, each with independent authority, the department and the Wisconsin deferred compensation program administrator, as applicable, shall honor transaction requests signed by any single agent, subject to sub. (2) (c).

ETF 10.75(4)(c)(c) If agents under par. (b) request to execute conflicting transactions, the department or the Wisconsin deferred compensation program administrator, as applicable, may decline to act upon the requests of one or more of the agents if it is determined to be in the best interests of the principal.

ETF 10.75(5)(5) The department or the Wisconsin deferred compensation program administrator, as applicable, may decline to act upon the request of an agent acting under an alleged power of attorney if there is reason to believe that the purported agent is not the appointed person, the appointment is not in effect, the authority of the power of attorney does not extend to the particular transaction, or the power of attorney is otherwise defective.

ETF 10.75(6)(a)(a) Unless otherwise specified in the power of attorney, if the agent is the principal’s spouse or domestic partner as defined in s. 770.01 (1), Stats., the power of attorney terminates if an action is filed for the dissolution of the agent’s marriage to the principal or the domestic partnership of the principal and agent is terminated.

ETF 10.75(6)(b)(b) Unless otherwise specified in the power of attorney, if the agent is the principal’s domestic partner as defined in s. 40.02 (21c), Stats., the power of attorney does not automatically terminate if only the domestic partnership as defined in s. 40.02 (21d), Stats., terminates.

ETF 10.75 HistoryHistory: Cr. Register, September, 1986, No. 369, eff. 10-1-86; r. and recr. Register, December, 1996, No. 492, eff. 1-1-97; CR 04-104: am. (2) (a) Register July 2005 No. 595, eff. 8-1-05; CR 10-138: r. and recr. Register August 2011 No. 668, eff. 9-1-11; CR 23-023: am. (2) (e) Register May 2024 No. 821, eff. 6-1-24; correction in (2) (e) made under s. 35.17, Stats., Register May 2024 No. 821.

ETF 10.78(1)(1) When the amount of a single sum benefit payment to a minor, as defined under s. 54.01 (20), Stats., or incompetent, as described in s. 54.10 (3), Stats., exceeds $5,000, or when an annuity or disability annuity is payable, payment shall be made by the department to the court appointed guardian, for the benefit of the minor or incompetent, upon receipt of a certified copy of the letters of appointment. Letters of appointment shall be certified within the past 6 months. If the minor is married and has not been adjudged to be incompetent, the department shall make the payment to the minor.

ETF 10.78(2)(2) If a guardianship is identified prior to payment, payment shall be made to the guardian, for the benefit of the minor or incompetent, upon receipt of a certified copy of the letters of appointment.

ETF 10.78(3)(3) If there is a guardian of the estate and another guardian of the person, payment shall be made to the guardian of the estate.

ETF 10.78 HistoryHistory: Cr. Register, September, 1986, No. 369, eff. 10-1-86; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register September 2006 No. 609; EmR0938: emerg. r. (2), eff. 1-1-10; CR 10-004: r. (2) Register July 2010 No. 655, eff. 8-1-10; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register July 2010 No. 655; CR 11-040: am. (1), renum. (3), (4) to be (2), (3) Register July 2012 No. 679, eff. 8-1-12.

ETF 10.79(1)(1) The department shall make reasonable efforts to maintain current addresses on file for participants, other than for participating employees under s. 40.02 (46), Stats., alternate payees, beneficiaries or other potential benefit recipients. These efforts shall include, but shall not be limited to, the following:

ETF 10.79(1)(b)(b) Request social security numbers and addresses for all named beneficiaries on the departmental beneficiary designation form.

ETF 10.79(1)(c)(c) Initiate a minimum of one written contact per year to alternate payees and participants, other than participating employees and annuitants, which may be accomplished by sending those persons an annual statement of account or benefit statement.

ETF 10.79(1)(d)(d) Publish an article annually in the departmental participant newsletter communicating the importance of notifying the department of address changes.

ETF 10.79(2)(2) Before considering a benefit abandoned under s. 40.08 (8), Stats., the department shall make reasonable efforts to locate participants, alternate payees and beneficiaries except those persons whose accounts meet the conditions specified in s. 40.08 (8) (f), Stats. Reasonable efforts to locate potential benefit payees may include, but are not limited to:

ETF 10.79(2)(a)(a) Seek current address information for potential benefit payees through locator services available from the social security administration, internal revenue service or other federal or state agencies.

ETF 10.79(2)(b)(b) Seek current address information for potential benefit payees through private company data bases or locator services.

ETF 10.79(2)(c)(c) Publish the names of potential benefit payees in the official state newspaper with instructions for contacting the department for application information. This paragraph shall not apply to accounts that meet the conditions specified in s. 40.08 (8) (f), Stats.