Wisconsin State Bankruptcy Exemptions
815.18. Property exempt from execution.
(1) STATUTORY CONSTRUCTION.
This section shall be construed to secure its full benefit to debtors and to
advance the humane purpose of preserving to debtors and their dependents the
means of obtaining a livelihood, the enjoyment of property necessary to sustain
life and the opportunity to avoid becoming public charges.
(2) DEFINITIONS.
In this section:
(a) "Aggregate value" means the sum total of the debtors equity in the property
claimed exempt.
(am) "Annuity" means a series of payments payable during the life of the
annuitant or during a specific period.
(b) "Business" means any lawful activity, including a farm operation, conducted
primarily for the purchase, sale, lease or rental of property, for the
manufacturing, processing or marketing of property, or for the sale of
services.
(c) "Debtor" means an individual. "Debtor" does not include an association,
corporation, partnership, cooperative or political body.
(d) "Dependent" means any individual, including a spouse, who requires and is
actually receiving substantial support and maintenance from the debtor.
(e) "Depository account" means a certificate of deposit, demand, negotiated
order of withdrawal, savings, share, time or like account maintained with a
bank, credit union, insurance company, savings bank, savings and loan
association, securities broker or dealer or like organization. "Depository
account" does not include a safe deposit box or property deposited in a safe
deposit box.
(f) "Equipment" means goods used or bought for use primarily in a business,
including farming and a profession.
(g) "Equity" means the fair market value of the debtors interest in property,
less the valid liens on that property.
(h) "Exempt" means free from any lien obtained by judicial proceedings and is
not liable to seizure or sale on execution or on any provisional or final
process issued from any court, or any proceedings in aid of court process.
(i) "Farm products" has the meaning given under s. 409.102 (1) (im)
(j) "Inventory" has the meaning given under s. 409.102 (1) (Ls)
(k) "Life insurance" means a policy issued by a stock or mutual life insurance
company or by any mutual beneficiary or fraternal corporation, society, order
or association to insure the life of an individual.
(m) "Motor vehicle" means a self-propelled vehicle. "Motor vehicle" does not
include equipment.
(n) "Net income" means gross receipts paid or payable for personal services or
derived from rents, dividends or interest less federal and state tax deductions
required by law to be withheld.
(r) "Resident" means an individual who intends to maintain his or her principal
dwelling in this state.
(t) "To the extent reasonably necessary for the support of the debtor and the
debtors dependents" means what the court determines is required to meet the
present and anticipated needs of the debtor and the debtors dependents, after
consideration of the debtors responsibilities, and the debtors present and
anticipated income and property, including exempt property.
(3) EXEMPT PROPERTY.
The debtors interest in or right to receive the following property is exempt,
except as specifically provided in this section and ss. 70.20 (2) , 71.91 (5m)
and (6) , 74.55 (2) and 102.28 (5) :
(a) Provisions for burial. Cemetery lots, aboveground burial facilities, burial
monuments, tombstones, coffins or other articles for the burial of the dead
owned by the debtor and intended for the burial of the debtor or the debtors
family.
(b) Business and farm property. Equipment, inventory, farm products and
professional books used in the business of the debtor or the business of a
dependent of the debtor, not to exceed 7,500 in aggregate value.
(c) Child support, family support or maintenance payments. Alimony, child
support, family support, maintenance or separate maintenance payments to the
extent reasonably necessary for the support of the debtor and the debtors
dependents.
(d) Consumer goods. Household goods and furnishings, wearing apparel, keepsakes,
jewelry and other articles of personal adornment, appliances, books, musical
instruments, firearms, sporting goods, animals or other tangible personal
property held primarily for the personal, family or household use of the debtor
or a dependent of the debtor, not to exceed 5,000 in aggregate value.
(df) County fairs and agricultural societies. All sums paid as state aid under
s. 93.23 (1) to county fairs and agricultural societies.
(ds) Federal disability insurance benefits. All moneys received or receivable by
a person as federal disability insurance benefits under 42 USC 401 to 433.
(e) Fire and casualty insurance. For a period of 2 years after the date of
receipt, insurance proceeds on exempt property payable to and received by the
debtor, if the exempt property has been destroyed or damaged by fire or
casualty of any nature.
(ef) Fire and police pension fund. All money paid or ordered to be paid to any
member of any fire or police department or to the surviving spouse or guardian
of the minor child or children of a deceased or retired member of any such
department, which money has been paid or ordered to be paid to any such person
as a pension on account of the service of any person in any such department in
any city in this state whose population exceeds 100,000.
(em) Fire engines and equipment. All fire engines, apparatus and equipment,
including hose, hose carts and hooks and ladders, belonging to or which may
hereafter belong to any town, city or village in this state, and which are or
may be kept and used for the protection of property in such town, city or
village from fire, together with the engine houses and hooks and ladder houses
for the protection of the same, and the lot or lots on which such engine and
hook and ladder houses may be situated, when owned by any such town, city or
village; and any lot or lots owned, used and occupied by any such town, city or
village for corporate purposes.
(f) Life insurance and annuities.
1. In this paragraph, "applicable date" means the earlier of the following:
a. The date on which the exemption is claimed.
b. The date, if any, that the cause of action was filed that resulted in the
judgment with respect to which the execution order was issued.
2. Except as provided in subd. 3. and par. (j) , any unmatured life insurance or
annuity contract owned by the debtor and insuring the debtor, the debtors
dependent, or an individual of whom the debtor is a dependent, other than a
credit life insurance contract, and the debtors aggregate interest, not to
exceed 150,000 in value, in any accrued dividends, interest, or loan value of
all unmatured life insurance or annuity contracts owned by the debtor and
insuring the debtor, the debtors dependent, or an individual of whom the debtor
is a dependent.
3.
a. If the life insurance or annuity contract was issued less than 24 months
before the applicable date, the exemption under this paragraph may not exceed
4,000.
b. If the life insurance or annuity contract was issued at least 24 months but
funded less than 24 months before the applicable date, the exemption under this
paragraph is limited to the value of the contract the day before the first
funding that occurred less than 24 months before the applicable date and the
lesser of either the difference between the value of the contract the day
before the first funding that occurred less than 24 months before the
applicable date and the value of the contract on the applicable date or 4,000.
(g) Motor vehicles. Motor vehicles not to exceed 1,200 in aggregate value. Any
unused amount of the aggregate value from par. (d) may be added to this
exemption to increase the aggregate exempt value of motor vehicles under this
paragraph.
(h) Net income. Seventy-five percent of the debtors net income for each one week
pay period. The benefits of this exemption are limited to the extent reasonably
necessary for the support of the debtor and the debtors dependents, but to not
less than 30 times the greater of the state or federal minimum wage.
(i) Life insurance claims, personal injury or wrongful death claims.
1. Any of the following payments:
a. A payment to the debtor under a life insurance contract that insured the life
of an individual of whom the debtor was a dependent on the date of that
individuals death, to the extent reasonably necessary for the support of the
debtor and the debtors dependents.
b. A payment resulting from the wrongful death of an individual of whom the
debtor was a dependent, in an amount reasonably necessary for the support of
the debtor and the debtors dependents.
c. A payment, not to exceed 25,000, resulting from personal bodily injury,
including pain and suffering or compensation for actual pecuniary loss, of the
debtor or an individual of whom the debtor is a dependent.
d. A payment in compensation of loss of future earnings of the debtor or an
individual of whom the debtor is or was a dependent in an amount reasonably
necessary for the support of the debtor and the debtors dependents.
2. Any property traceable to payments under subd. 1. is exempt.
(j) Retirement benefits.
1. Assets held or amounts payable under any retirement, pension, disability,
death benefit, stock bonus, profit sharing plan, annuity, individual retirement
account, individual retirement annuity, Keogh, 401-K or similar plan or
contract providing benefits by reason of age, illness, disability, death or
length of service and payments made to the debtor therefrom.
2. The plan or contract must meet one of the following requirements:
a. The plan or contract complies with the provisions of the internal revenue
code.
b. The employer created the plan or contract for the exclusive benefit of the
employer, if self-employed, or of some or all of the employees, or their
dependents or beneficiaries and that plan or contract requires the employer or
employees or both to make contributions for the purpose of distributing to the
employer, if self-employed, the employees, or their dependents or
beneficiaries, the earnings or the principal or both of a trust, annuity,
insurance or other benefit created under the plan or contract and makes it
impossible, at any time prior to the satisfaction of all liabilities with
respect to beneficiaries under a trust created by the plan or contract, for any
part of the principal or income of the trust to be used for or diverted to
purposes other than for the exclusive benefit of those beneficiaries.
3. The plan or contract may permit the income created from personal property
held in a trust created under the plan or contract to accumulate in accordance
with the terms of the trust. The trust may continue until it accomplishes its
purposes. The trust is not invalid as violating the rule against perpetuities
or any law against perpetuities or the suspension of the power of alienation of
title to property.
4. The benefits of this exemption with respect to the assets held or amounts
payable under or traceable to an owner-dominated plan for or on behalf of a
debtor who is an owner-employee shall be limited to the extent reasonably
necessary for the support of the debtor and the debtors dependents.
5. This exemption does not apply to an order of a court concerning child
support, family support or maintenance payments, or to any judgment of
annulment, divorce or legal separation.
6. In this paragraph:
a. "Employer" includes a group of employers creating a combined plan or contract
for the benefit of their employees or the beneficiaries of those employees.
b. "Owner-dominated plan" means any plan or contract that meets the requirements
of subd. 2. and under which 90% or more of the present value of the accrued
benefits or 90% or more of the aggregate of the account is for the benefit of
one or more individuals who are owner-employees. For purposes of this
definition, the accrued benefits or account of an owner-employee under a plan
or contract shall include the accrued benefits or account of the spouse, any
ancestor or lineal descendant, whether by blood or by adoption, or the spouse
of such a lineal descendant, of the owner-employee under the same plan or
contract.
c. "Owner-employee" means any individual who owns, directly or indirectly, the
entire interest in an unincorporated trade or business, or 50% or more of the
combined voting of all classes of stock entitled to vote or the total value of
shares of all classes of stock of a corporation, or 50% or more of the capital
interest or profits interest of a partnership or limited liability company.
(k) Depository accounts. Depository accounts in the aggregate value of 1,000,
but only to the extent that the account is for the debtors personal use and is
not used as a business account.
(m) Private property from execution against municipalities. All private property
shall be exempt from seizure and sale upon any execution or other process
issued to enforce any judgment or decree of any court that has been rendered
against any county, town, city, village, technical college district or school
district in this state.
(n) War pension. All money received by a person, a resident of this state, as
pension, compensation, government insurance, or adjusted compensation, back
pension, compensation or insurance from the U.S. government on account of
military or naval service, and all other money received by a person on account
of military or naval service from the U.S. government administered by the U.S.
department of veterans affairs, whether the same is in the actual possession of
such person, on deposit, or loaned.
(o) Tuition units. Tuition units purchased under s. 14.63
(p) College savings accounts. An interest in a college savings account under s.
14.64
(4) TRACING.
Property traceable to property that would be exempt under this section in the
form of cash proceeds or otherwise is not exempt unless expressly provided for
in this section.
(5) AVAILABILITY.
A resident is entitled to the exemptions provided by this section. A nonresident
is entitled to the exemptions provided by the law of the jurisdiction of his or
her residence.
(6) CLAIMING EXEMPTIONS.
(a) A debtor shall affirmatively claim an exemption or select specific property
in which to claim an exemption. The debtor may make the claim at the time of
seizure of property or within a reasonable time after the seizure, but shall
make the claim prior to the disposition of the property by sale or by court
order. Exempt property is not exempt unless affirmatively claimed as exempt.
With respect to property partially exempt under this section, the claiming of
an exemption includes the process of selection required of the debtor. The
debtor or a person acting on the debtors behalf shall make any required
affirmative claim, either orally or in writing, to the creditor, the creditors
attorney or the officer seeking to impose a lien by court action upon the
property in which the exemption is claimed. A debtor waives his or her
exemption rights by failing to follow the procedure under this paragraph. A
contractual waiver of exemption rights by any debtor before judgment on the
claim is void. The court, in making a determination as to the extent property
is reasonably necessary for the support of the debtor and the debtors
dependents, is not limited to the standard of living to which the debtor and
the debtors dependents have become accustomed. The court shall consider the
amount and use of any income of any person claimed as a dependent when
determining if that person is a dependent of a debtor.
(b) Notwithstanding sub. (13) , this subsection does not apply to any of the
following:
1. Public employee trust funds exempt under s. 40.08 (1)
2. Retirement benefits and allowances from retirement systems of 1st class
cities exempt under s. 62.63 (4)
3. Retirement benefits and allowances from retirement systems of counties having
a population of 500,000 or more exempt under chapter 201, laws of 1937, section
11
4. A homestead exempt under s. 815.20
(7) VALUATION OF PROPERTY.
The value of any property subject to exemption under this section shall be
determined by agreement of the parties or by a commercially reasonable manner.
(8) MARITAL PROPERTY RIGHTS.
Each spouse is entitled to and may claim the exemptions under this section. If
the property exempt under this section is limited to a specified maximum dollar
amount, each spouse is entitled to one exemption. That exemption is limited to
the specified maximum dollar amount, which may be combined with the other
spouses exemption in the same property or applied to different property
included under the same exemption. The exemption under sub. (3) (h) may not be
combined with the other spouses exemption under sub. (3) (h) and applied to the
same property.
(9) PARTIALLY EXEMPT PROPERTY.
In the case of property that is partially exempt, the debtor or any person
acting on the debtors behalf is entitled to claim the exempt portion of
property. The exempt portion claimed shall be set apart for the debtor, or for
the debtors dependents, and the nonexempt portion shall be subject to a
creditors claim. If partially exempt property is indivisible, the property may
be sold and the exempt value of the property paid to the debtor or the debtors
dependents. Any proceeds paid to the debtor or to the debtors dependents shall
be exempt while held by the debtor or the debtors dependents as cash or in a
depository account.
(10) FRAUDULENT TRANSFERS.
A conveyance or transfer of wholly exempt property shall not be considered a
fraudulent conveyance or transfer. Property that is not totally exempt in value
under this section may be subject to a fraudulent transfer action under ch. 242
to set aside that transfer to the extent that the propertys value is not exempt
under this section. If a court is required to satisfy the claim of a creditor
and if that relief is demanded, the court may determine the manner of dividing
fraudulently transferred property into exempt and nonexempt portions, or may
order the sale of the whole property and an accounting of the exempt portion.
Any or all of the exemptions granted by this section may be denied if, in the
discretion of the court having jurisdiction, the debtor procured, concealed or
transferred assets with the intention of defrauding creditors.
(11) CONSUMER CREDIT TRANSACTION EXEMPTIONS.
The debtor may claim either the exemptions listed in s. 425.106 or the
exemptions under this section for an obligation arising from a consumer credit
transaction.
(12) LIMITATIONS ON EXEMPTIONS.
No property otherwise exempt may be claimed as exempt in any proceeding brought
by any person to recover the whole or part of the purchase price of the
property or against the claim or interest of a holder of a security interest,
land contract, condominium or homeowners association assessment or maintenance
lien or both, mortgage or any consensual or statutory lien.
(13) APPLICABILITY TO OTHER PROPERTY.
Subsections (2) , (4) to (7) , (9) , (10) and (12) apply to the following exempt
property except as otherwise provided by law:
(a) Assistance benefits exempt under s. 49.96
(b) Crime victim awards exempt under s. 949.07
(c) Fraternal benefits exempt under s. 614.96
(d) A homestead exempt under s. 815.20
(e) Partnership property exempt under s. 178.21 (3) (c)
(f) Public employee trust fund benefits exempt under s. 40.08 (1)
(g) Salary used to purchase savings bonds exempt under s. 20.921 (1) (e)
(h) Retirement benefits and allowances from retirement systems of 1st class
cities exempt under s. 62.63 (4)
(hm) Retirement benefits and allowances from retirement systems of counties
having a population of 500,000 or more exempt under chapter 201, laws of 1937,
section 11
(i) Tenants lease and stock interest of a housing corporation exempt under s.
182.004 (6)
(j) Unemployment insurance benefits exempt under s. 108.13
(k) Veterans benefits exempt under s. 45.35 (8) (b)
815.21. Homestead, how set apart after levy.
(1) Whenever a levy shall be made upon lands of any person, the landowner may
notify the officer making such levy, at any time before the sale, that the
landowner claims an exempt homestead in such lands, giving a description
thereof, and the landowners estimate of the value thereof; and the remainder
alone shall be subject to sale under such levy, unless the plaintiff in the
execution shall deny the right to such exemption or be dissatisfied with the
quantity or estimate of the value of the land selected.
(2) If such plaintiff is dissatisfied with the quantity selected or the estimate
of the value thereof, the officer shall cause such lands to be surveyed,
beginning at a point to be designated by the owner and set off in compact form.
After the lands are surveyed and set off, if in the opinion of the plaintiff,
the same shall be of greater value than 40,000, the officer may still advertise
and sell the premises so set off, and out of the proceeds of such sale pay to
the exempt homestead claimant the sum of 40,000 and apply the balance of the
proceeds of such sale on the execution; but no sale shall be made in the case
last mentioned unless a greater sum than 40,000 is paid for said premises. The
expenses of such survey and sale shall be collected on the execution if the
owner claimed as the owners homestead a greater quantity of land or land of
greater value than the owner was entitled to; otherwise such expenses shall be
borne by the plaintiff.
(3) If such survey be made the land not exempt shall be sold, but if any person
shall neglect or refuse to select the persons exempt homestead and notify such
officer, such officer shall, upon request of the plaintiff, and may without
such request, give notice to such person that at a time and place to be therein
named such officer will survey and locate the exempt homestead; and unless such
person shall on or before the time so fixed select such exempt homestead, such
officer shall survey and locate and set the same off in a compact form. If the
owner after such notice selects the owners exempt homestead, this section shall
apply the same as if the owner had selected it before such notice.
(4) A homestead so selected and set apart by such officer shall be the exempt
homestead of such person. The costs of such notice and survey shall be
collected upon the execution. A failure of the officer to set apart such
homestead shall affect such levy, only as to such homestead; and the failure of
such person to select that persons homestead shall not impair that persons
right thereto, but only that persons right to select the same when such
selection is lawfully made by such officer. After such homestead is thus set
off by such officer, if, in the officers opinion or in the opinion of the
plaintiff, the premises are of greater value than 40,000 the officer may sell
the same as where the owner makes the selection.
(5) If the land claimed as an exempt homestead exceeds in value 40,000, the
officer shall not be bound to set off any portion thereof but may sell the
same, unless the debtor shall make the debtors selection of such a portion
thereof as shall not exceed 40,000 in value.
40.08. Benefit assignments and corrections.
(1) EXEMPTIONS.
The benefits payable to, or other rights and interests of, any member,
beneficiary or distributee of any estate under any of the benefit plans
administered by the department, including insurance payments, shall be exempt
from any tax levied by the state or any subdivision of the state and shall not
be assignable, either in law or equity, or be subject to execution, levy,
attachment, garnishment or other legal process except as specifically provided
in this section; except that, notwithstanding s. 40.01 (2) , the department of
revenue may attach benefit payments to satisfy delinquent tax obligations. The
board and any member or agent thereof and the department and any employee or
agent thereof are immune from civil liability for any act or omission while
performing official duties relating to withholding any annuity payment under
this subsection. The exemption from taxation under this section shall not apply
with respect to any tax on income.
(1c) WITHHOLDING OF ANNUITY PAYMENTS.
Notwithstanding sub. (1) , any monthly annuity paid under s. 40.23 , 40.24 ,
40.25 (1) or (2) , or 40.63 is subject to s. 767.265 The board and any member
or agent thereof and the department and any employee or agent thereof are
immune from civil liability for any act or omission while performing official
duties relating to withholding any annuity payment pursuant to s. 767.265
(1g) WITHHOLDING OF LUMP SUM PAYMENTS.
Notwithstanding sub. (1) , any lump sum payment made under s. 40.23 , 40.24 ,
40.25 (1) or (2) , or 40.63 is subject to s. 49.852 The board and any member or
agent thereof and the department and any employee or agent thereof are immune
from civil liability for any act or omission while performing official duties
relating to withholding any lump sum payment pursuant to s. 49.852
(1m) DIVISION OF BENEFITS.
(a) Notwithstanding sub. (1) , a participants accumulated rights and benefits
under the Wisconsin retirement system shall be divided pursuant to a qualified
domestic relations order only if the order provides for a division as specified
in this subsection.
(b) The creditable service and the value of the participants account that are
subject to division on the decree date shall be equal to one of the following:
1. The creditable service and the dollar amounts credited to all parts of the
participants account through the day before the decree date, if the participant
is not an annuitant on the decree date.
2. The present value of the annuity being paid if the participant is an
annuitant.
(c) The present value of the annuity specified in par. (b) 2. shall be computed
in accordance with the actuarial tables then in effect and shall consider the
number of remaining guaranteed payments, if any. If the participant is an
annuitant who is not receiving an annuity from all parts of the participants
accounts, then par. (b) 1. applies to those parts of the account from which the
annuity is not being received.
(d) The amount computed under par. (b) shall be divided between the participant
and the alternate payee in the percentages specified in the qualified domestic
relations order. The participant shall have no further right, interest or claim
on that portion of the participants creditable service and account balances or
annuity amount allocated to the alternate payee.
(e) The alternate payee share of the amount computed under par. (b) shall be
distributed to the alternate payee or, in the case of an individual adjudged
mentally incompetent, to a named guardian under sub. (9) , as follows:
1. The creditable service and amounts computed under par. (b) 1. shall be
transferred to a separate account in the name of the alternate payee.
2. Except as provided in subds. 3. and 4. , the control and ownership rights of
the alternate payee over his or her share of the account shall be the same as
if the alternate payee were a participant who had ceased to be a participating
employee but had not applied for a benefit under s. 40.23 or 40.25 on the
decree date or the date that the participant terminated covered employment,
whichever is earlier.
3. If par. (b) 1. applies and the effective date of the alternate payees benefit
is after the date that the participant would have met the age requirement for a
retirement annuity under s. 40.23 , the benefits for the alternate payee shall
be determined under s. 40.23 The alternate payees benefits shall be computed
using the participants final average earnings on the first day of the annual
earnings period in which the alternate payees annuity is effective. If the
effective date of the alternate payees benefit is before the date that the
participant would have met the age requirement for a retirement annuity under
s. 40.23 , the alternate payees benefits shall be determined under s. 40.25 (2)
4. An alternate payee, who elects an annuity option, may only elect among the
options under s. 40.24 that provide payments that are calculated only on the
basis of the age of the alternate payee.
(f) After division of the participants account under par. (b) , the account and
any benefits payable shall be adjusted as follows:
1. Subject to subd. 3. , if the participant is not an annuitant on the decree
date, an amount equal to the total of the alternate payee share distributed
under par. (e) , including creditable service, shall be subtracted from the
participants account.
2. Subject to subd. 3. , if the participant is an annuitant on the decree date,
the annuity shall be recomputed using the total value of the participants
account determined under par. (b) reduced by the total of the alternate payee
share transferred under par. (e) 1. , in accordance with the actuarial tables
in effect and using the participants age on the decree date. The decree date
shall be the effective date of recomputation. If the optional annuity form
before division of the participants account under par. (b) was not a joint and
survivor annuity with the alternate payee as the named survivor, the same
annuity option with no change in the remaining guarantee period, if any, shall
be continued upon recomputation to the participant. The present value of the
alternate payees share of the annuity after division shall be paid to the
alternate payee as a straight life annuity based on the age of the alternate
payee on the decree date. The alternate payees annuity shall have the same
remaining guarantee period, if any, as the participants annuity. If the
optional annuity form before division of the participants account under par.
(b) was a joint and survivor annuity with the alternate payee as the named
survivor, the present value of the annuity after division shall be paid to both
the participant and the alternate payee as a straight life annuity based upon
their respective ages on the decree date. If the participants account is
reestablished under s. 40.26 (2) after the decree date, the memorandum account
created under s. 40.26 (2) (b) shall be adjusted by the total of the alternate
payee share computed under this subdivision. If the participants account is
reestablished under s. 40.63 (10) after the decree date, the amounts and
creditable service reestablished shall be reduced by an amount equal to the
percentage of the alternate payee share computed under this subdivision.
3. For any participant whose marriage is terminated by a court during the period
that begins on January 1, 1982, and ends on April 27, 1990, and for whom the
department receives a qualified domestic relations order after May 2, 1998, the
division of benefits may not apply to any benefits paid to the participant
before the date on which the department receives the qualified domestic
relations order.
(g) If par. (b) 1. applies, eligibility for benefit rights that are available
only after attainment of a specified length of service shall be determined
based on the service that would have been credited, if the account had not been
divided under this subsection, to the participants account on the effective
date of the participants benefit and on the effective date of the alternate
payees benefit for purposes of determining the participants and alternate
payees benefit rights, respectively. However, no creditable service may be
added to the alternate payees account under this paragraph, and the participant
shall not receive creditable service under this paragraph, for any service that
has been transferred to the alternate payees account. This paragraph applies
only if all eligibility requirements, other than length-of-service
requirements, for the benefit rights being established have been met.
(h) Notwithstanding pars. (b) to (g) , if the participant is both an annuitant
and is receiving a benefit under s. 40.65 that is effective on or before the
decree date, the adjustments specified in s. 40.65 (5) (b) 4. shall be computed
as though the participants account had not been divided.
(i) The department, its employees, the fund and the board are immune from any
liability for any act or omission under this subsection in accordance with a
qualified domestic relations order and may not be required to take any action
or make any notification as part of the exercise of ownership rights granted
under this subsection.
(j) This subsection applies to qualified domestic relations orders issued on or
after January 1, 1982, that provide for divisions of the accumulated rights and
benefits of participants whose marriages have been terminated by a court on or
after January 1, 1982.
(k)
1. Nothing in this subsection authorizes a court to revise or modify a judgment
or order with respect to a final division of property under s. 767.255 , in
contravention of s. 767.32 (1) (a)
2. Notwithstanding subd. 1. , a court may revise or modify a judgment or order
specified under subd. 1. for participants whose marriages were terminated by a
court on or after January 1, 1982, and before April 28, 1990, but only with
respect to providing for payment in accordance with a qualified domestic
relations order of benefits under the Wisconsin retirement system that are
already divided under the judgment or order.
(2) INSURANCE PREMIUMS.
Insurance premiums shall be deducted from annuities for group insurance benefit
plans as provided in s. 40.05 and, with the written consent of the annuitant,
for premiums for group life and health insurance plans provided by the city of
Milwaukee to former Milwaukee teachers if the annuity is sufficient.
(3) WAIVERS.
Any participant, beneficiary or distributee of any estate may waive, absolutely
and without right of reconsideration or recovery, the right to or the payment
of all or any portion of any benefit payable or to become payable under this
chapter. The waiver shall be effective on the first day of the 2nd month
commencing after it is received by the department or on the date specified in
the waiver if later.
(4) RETENTION OF PAYMENTS.
Unless voluntarily repaid and except as limited by sub. (10) , the department
may retain out of any annuity or benefit an amount as the department in its
discretion may determine, for the purpose of reimbursing the appropriate
benefit plan accounts for a balance due under s. 40.25 (5) or for any money
paid, plus interest at the effective rate of the fixed annuity division, to any
person or estate, through misrepresentation, fraud or error. Upon the request
of the department any employer shall withhold from any sum payable by the
employer to any person or estate and remit to the department any amount, plus
interest at the effective rate of the fixed annuity division, which the
department paid to the person or estate through misrepresentation, fraud or
error. Any amount, plus interest at the effective rate, not recovered by the
department from the employer may be procured by the department by action
brought against the person or estate.
(5) EMPLOYER ERROR.
(a) Whenever any sum becomes due to the department from any recipient as the
result of incorrect or incomplete reporting by an employer and the sum cannot
be recovered from the recipient, then the employer shall be charged with the
sum.
(b) Any amount determined to be due under this subsection shall be due with the
next payment by the employer under s. 40.06 and shall be subject to the
penalties and collection procedures provided in s. 40.06 if not paid when due.
(6) REFUNDS.
(a) Notwithstanding s. 20.913 , but subject to par. (b) , the department may
refund any money paid in error to the fund by or on behalf of a person who is
not a participant.
(b) The department may not refund any money paid into the fund by an employer,
but shall by rule credit the money to the employer.
(c) Except as provided in par. (d) , money paid into the fund by an employer on
behalf of a participant which exceeds the contribution limits under s. 40.32
may not be refunded to the employer, but the department shall by rule credit
the money to the employer and the employer shall pay the participant the amount
of the credit as additional wages or salary.
(d) Money paid into the fund by a participant which exceeds the contribution
limits under s. 40.32 may be refunded directly to the participant if the
department determines that the money was paid on an after-tax basis.
(e) No interest may be credited to any money refunded under this subsection.
(7) OVERPAYMENTS AND UNDERPAYMENTS.
(a) Any overpayment or underpayment of a lump-sum payment under s. 40.25 or a
death benefit which is less than 60% of the amount specified in s. 40.25 (1)
(a) rounded to the next highest dollar amount, and any annuity payment error
which is less than 2 per month may not be corrected but shall be credited or
debited to the employer accumulation reserve or the appropriate insurance
account. However, if the amount of unapplied additional contributions would
increase an annuity payment by less than 2 but is more than 60% of the amount
specified in s. 40.25 (1) (a) rounded to the next highest dollar amount, the
unapplied additional contributions shall be paid to the annuitant as a lump
sum.
(b) Any overpayment exceeding the limits in par. (a) to a person who cannot be
located or which proves to be uncollectible and any underpayment exceeding the
limits in par. (a) to a person who cannot be located may be written off 2 years
after the underpayment or overpayment is discovered and credited or debited to
the employer accumulation reserve or the appropriate insurance account.
(c) If an annuity underpayment exceeding the limits in par. (a) has not been
corrected for at least 12 months, the payment to the annuitant to correct the
underpayment shall include 0.4% interest on the amount of the underpayment for
each full month during the period beginning on the date on which the
underpayment occurred and ending on the date on which the underpayment is
corrected.
(8) ABANDONMENT.
(a) Benefits provided under this chapter shall be considered abandoned as
follows:
1. Any potential primary beneficiary under s. 40.02 (8) , other than an estate,
who has not applied for any benefit payable under this chapter as a result of
the death of the participant and whom the department cannot locate by
reasonable efforts, as determined by the department by rule, within one year
after the death of the participant shall be presumed to have predeceased the
participant and all other potential beneficiaries. Thereafter, if the
department is unable to locate any resulting subsequent beneficiary within 6
months, all beneficiaries under s. 40.02 (8) (a) 1. and 2. shall be presumed to
have predeceased the participant and the department shall pay all benefits
payable under this chapter as a result of the death of the participant to the
participants estate in a lump sum.
2. If an estate that is determined by the department to be a beneficiary is
closed prior to the payment of benefits payable under this chapter as a result
of the death of the participant and the estate is not reopened within 6 months
after the department notifies the estate that a benefit is payable, the benefit
shall be considered irrevocably abandoned and shall be transferred to the
employer accumulation reserve, unless the estate was the designated beneficiary
under s. 40.02 (8) (a) 1.
2m. If the estate was the designated beneficiary under s. 40.02 (8) (a) 1. and
the estate is closed prior to the payment of benefits payable under this
chapter as a result of death of the participant and the estate is not reopened
within 6 months after the department notifies the estate that a benefit is
payable, the department shall pay the benefit to a beneficiary as determined
under s. 40.02 (8) (a) 2. If the department is unable to locate any such
beneficiary within 6 months, all such beneficiaries shall be presumed to have
predeceased the participant and the benefit shall be considered irrevocably
abandoned and shall be transferred to the employer accumulation reserve.
3. A participant, other than a participating employee or annuitant, whom the
department cannot locate by reasonable efforts, with such efforts beginning by
the end of the month in which the participant attains, or would have attained,
the age of 65, shall be considered to have abandoned all benefits under the
Wisconsin retirement system on the date on which the participant attains, or
would have attained, the age of 70. The department shall close the participants
account and shall transfer the moneys in the account to the employer
accumulation reserve. The department shall restore the participants account and
shall debit the employer accumulation reserve accordingly if the participant
subsequently applies for retirement benefits under this chapter before
attaining the age of 80.
4. The former spouse of a participant who is an alternate payee and whom the
department cannot locate by reasonable efforts, with such efforts beginning by
the end of the month in which the participant attains, or would have attained,
the age of 65, shall be considered to have abandoned all benefits under the
Wisconsin retirement system on the date on which the participant attains, or
would have attained, the age of 70. The department shall close the alternate
payees account and shall transfer the moneys in the account to the employer
accumulation reserve. The department shall restore the alternate payees account
and shall debit the employer accumulation reserve accordingly if the alternate
payee subsequently applies for retirement benefits under this chapter before
the participant attains or would have attained the age of 80.
5. All presumptions under this paragraph are conclusive upon payment of the
benefit payable under this chapter as a result of the death of the participant
to any qualifying person, estate or entity other than the employer accumulation
reserve.
(b) All moneys or credits in an account for a person presumed to have died
intestate, without heirs or beneficiary, or to be abandoned by the person under
par. (a) shall be applied, at the end of the 5th calendar year in which notice
is published under par. (c) , to the employer accumulation reserve to reduce
future funding requirements.
(c) The department shall publish a class 1 notice, under ch. 985 , in the
official state paper stating the names of persons presumed to have died
intestate, without heirs or beneficiary, or whose accounts are presumed to be
abandoned under par. (a) , and the fact that a benefit will be paid, if applied
for within the time limits under par. (a) and if the participant, alternate
payee or other person offers proof satisfactory to the department that the
participant, alternate payee or other person is entitled to the benefit. Such
proof shall include, but is not limited to, evidence that the participant died
and that the person is the beneficiary under s. 40.02 (8)
(d) If any person files a claim within 10 full calendar years after the
publication of the notice under par. (c) and furnishes proof of ownership of
any amounts in an inactive account the claim shall be paid on the same basis as
if no action had been taken under this section. The cost of the benefit shall
be charged to the employer account credited under par. (b)
(e) Notwithstanding any other provision of the statutes any account subject to
this subsection may, at the discretion of the department, be settled by any
heirs of a deceased participant or beneficiary making application, on a form
approved by the department, certifying the names of any other persons not known
by the applicants to be deceased and known by the applicants to have an equal
or superior claim to the account and certifying that the applicants have no
knowledge of the whereabouts of any of the persons so named.
(f) Publication under par. (c) is not required if the present value of the
benefit to which a person would have been entitled on attainment of age 70 is
less than 100, in the calendar year of 1982 or, in each calendar year
commencing after January 1, 1982, the applicable amount under this paragraph
for the previous calendar year increased by the salary index for that year and
ignoring any fraction of a dollar. The provisions of this subsection apply to
inactive accounts subject to this paragraph as if publication had been made in
the year the person would have attained age 70.
(9) PAYMENTS OF BENEFITS TO MINORS AND INCOMPETENTS.
In any case in which a benefit amount becomes payable to a minor or to a person
adjudged mentally incompetent, the department may waive guardianship
proceedings, and pay the benefit to the person providing for or caring for the
minor, or to the spouse or the parent or other relative by blood or adoption
providing for or caring for the incompetent person.
(9m) GUARDIANS.
An application for a benefit, a designation of a beneficiary or any other
document which has a long-term effect on a persons rights and benefits under
this chapter and which requires a signature may be signed and filed by a
guardian of the estate when accompanied by a photocopy or facsimile of an order
of guardianship issued by a circuit court judge or a register in probate or a
circuit court commissioner who is assigned the authority to issue such orders
under s. 851.73 (1) (g)
(10) LIMITATIONS ON CORRECTIONS.
Service credits granted and contribution, premium and benefit payments made
under this chapter are not subject to correction unless correction is requested
or made prior to the end of 7 full calendar years after the date of the alleged
error or January 1, 1987, whichever is later, unless the alleged error is the
result of fraud or unless another limitation is specifically provided by
statute. This subsection does not prohibit correction of purely clerical errors
in reporting or recording contributions, service and earnings.
(11) ASSUMED CONSENT.
The department, its employees, the fund, the employee trust fund board, the
group insurance board and the deferred compensation board are held free from
any liability for any money retained or paid in accordance with this section
and the employee, participant or beneficiary shall be assumed to have assented
and agreed to any disposition under this section of the money due.
(12) COURT REVIEW.
Notwithstanding s. 227.52 , any action, decision or determination of the board,
the Wisconsin retirement board, the teachers retirement board, the group
insurance board or the deferred compensation board in an administrative
proceeding shall be reviewable only by an action for certiorari in the circuit
court for Dane County that is commenced by any party to the administrative
proceeding, including the department, within 30 days after the date on which
notice of the action, decision or determination is mailed to that party, and
any party to the certiorari proceedings may appeal the decision of that court.
(13) BENEFICIARY DESIGNATION.
The department may not be required by a court order, or by any other action or
proceeding, to enforce or otherwise monitor the beneficiary designation
specified in a qualified domestic relations order.
(14) ROLLOVERS TO OTHER RETIREMENT PLANS.
If a participant who is entitled to receive a lump sum payment or a monthly
annuity certain under s. 40.24 (1) (f) for which the participant has specified
a term of less than 120 months or an annuity certain of less than 10 years in
duration from the Wisconsin retirement system and who has an account
established under any other retirement plan located in the United States so
directs in writing, on a form prescribed by the department, the department
shall pay the lump sum payment or the monthly annuity directly to the
participants account under that other retirement plan for credit under that
other retirement plan. The department shall cease payment of the monthly
annuity payments to the annuitants account under the other retirement plan
within 30 days of the written request of the annuitant or written notice of the
annuitants death.
49.96. Assistance grants exempt from levy.
All grants of aid to families with dependent children, payments made under ss.
48.57 (3m) or (3n) , 49.148 (1) (b) 1. or (c) or (1m) or 49.149 to 49.159 ,
payments made for social services, cash benefits paid by counties under s.
59.53 (21) , and benefits under s. 49.77 or federal Title XVI, are exempt from
every tax, and from execution, garnishment, attachment and every other process
and shall be inalienable.
949.07. Manner of payment.
The award, combining both the compensation award and the funeral and burial
award, if applicable, shall be paid in a lump sum, except that in the case of
death or protracted disability the award may provide for periodic payments. The
department may pay any portion of an award directly to the provider of any
service which is the basis for that portion of the award. No award may be
subject to execution, attachment, garnishment or other process, except that an
award for allowable expense is not exempt from a claim of a creditor to the
extent that the creditor provided products, services or accommodations the
costs of which are included in the award.
614.96. Exemption of fraternal benefits.
No money or other benefit, charity, relief or aid to be paid, provided or
rendered by any domestic or nondomestic fraternal is liable to attachment,
garnishment or other process, or to be seized, taken, appropriated or applied
by any legal or equitable process or operation of law to pay any debt or
liability of a member or beneficiary, or any other person who may have a right
thereunder, either before or after payment by the fraternal.
20.921. Deductions from salaries.
(1) OPTIONAL DEDUCTIONS.
(a) Any state officer or employee or any employee of the University of Wisconsin
Hospitals and Clinics Authority may request in writing through the state agency
in which the officer or employee is employed or through the authority that a
specified part of the officers or employees salary be deducted and paid by the
state or by the authority to a payee designated in such request for any of the
following purposes:
1. The purchase of U.S. savings bonds.
2. Payment of dues to employee organizations.
2m. Payment of amounts owed to state agencies or to the University of Wisconsin
Hospitals and Clinics Authority by the employee.
2n. Payment of amounts owed as child support, maintenance payments or family
support.
3. Payment of premiums for group hospital and surgical-medical insurance or
plan, group life insurance, and other group insurance, where such groups
consist of state officers and employees or employees of the University of
Wisconsin Hospitals and Clinics Authority and where such insurance or plans are
provided or approved by the group insurance board.
4. Other group or charitable purposes approved by the governor and the
department of administration under the rules of the department of
administration for state officers or employees, or by the board of directors of
the University of Wisconsin Hospitals and Clinics Authority for authority
employees.
5. Payment into an employee-funded reimbursement account maintained by an
employee-funded reimbursement account provider under subch. VIII of ch. 40.
(b) Except as provided in ss. 111.06 (1) (c) and 111.84 (1) (f) , the request
under par. (a) shall be made to the state agency or to the University of
Wisconsin Hospitals and Clinics Authority in the form and manner and contain
the directions and information prescribed by each state agency or by the
authority. The request may be withdrawn or the amount paid to the payee may be
changed by notifying the state agency or the authority to that effect, but no
such withdrawal or change shall affect a payroll certification already
prepared.
(bm) Any state officer or employee or any employee of the University of
Wisconsin Hospitals and Clinics Authority may request in writing that a
specified part of his or her salary be deferred under a deferred compensation
plan of a deferred compensation plan provider selected under s. 40.80 The
request shall be made to the state agency or to the authority in the form and
manner prescribed in the deferred compensation plan and may be withdrawn as
prescribed in that plan.
(c) Written requests under this subsection shall be filed with the state agency
or the University of Wisconsin Hospitals and Clinics Authority and shall
constitute authority to the state agency or to the authority to make
certification for each such officer or employee and for payment of the amounts
so deducted or deferred.
(d)
1. For the purpose of handling savings bond purchases, each state agency not on
the central payroll system and the University of Wisconsin Hospitals and
Clinics Authority shall designate an officer or employee thereof who shall
serve as trustee. The trustee shall serve without compensation as such. The
state agency or the authority shall furnish the trustee the necessary files,
supplies and clerical and accounting assistance. Each trustee shall file with
the state agency or the authority a bond in such amount as the state agency or
the authority determines, with a corporation authorized to do surety business
in this state as surety, which bond shall be conditioned upon the trustees
faithful execution of his or her trust. The trustee shall file another or
additional bond whenever the state agency or the authority so determines. The
cost of any bond required by a state agency shall be paid out of the
appropriation made to the state agency for its administration. For those state
agencies on the central payroll system, the trustee shall be a person
designated by the secretary of administration.
2. The trustee shall make purchases of savings bonds in the name of the officer
or employee, or other beneficiary named in the request, whenever the amount to
their credit is sufficient for that purpose and transmit them to the person
entitled thereto. If the officer or employee cancels the request for the
purchase of savings bonds, or upon termination of the trust, the amount
remaining to a persons credit is not sufficient to purchase a bond the trustee
may purchase savings stamps and transmit them to the person entitled thereto or
refund the amount.
(e) No portion of the salary so requested to be used for the purchase of savings
bonds, not exceeding 10% of the salary, is liable to seizure on execution or on
any provisional or final process issued from any court or any proceedings in
aid of that process. Section 241.09 relating to assignments shall not apply to
the requests made under par. (a)
(f) The office of the governor shall prepare a statement explaining the bond
purchase plan and its purpose and transmit copies of such statement to each
state agency and to the University of Wisconsin Hospitals and Clinics Authority
for distribution to their officers and employees.
(2) MANDATORY DEDUCTIONS.
(a) Whenever it becomes necessary in pursuance of any federal or state law or
court-ordered assignment of income under s. 46.10 (14) (e) , 301.12 (14) (e) ,
767.23 (1) (L) , 767.25 (4m) (c) or 767.265 to make deductions from the
salaries of state officers or employees or employees of the University of
Wisconsin Hospitals and Clinics Authority, the state agency or authority by
which the officers or employees are employed is responsible for making such
deductions and paying over the total thereof for the purposes provided by the
laws or orders under which they were made.
(b) The head of each state agency or the chief executive officer of the
University of Wisconsin Hospitals and Clinics Authority shall deduct from the
salary of any employee the amount certified under s. 7.33 (5) which is received
by the employee for service as an election official while the employee is on a
paid leave of absence under s. 7.33 (3)
(3) PROCEDURE.
(a) Each state agency shall indicate on its payrolls the amount to be deducted
or deferred from the salary of each officer and employee, the reason for each
deduction or deferral, the net amount due each officer or employee, the total
amount due for each purpose for which deductions or deferrals have been made,
and the person, governmental unit or private organization in each case entitled
to receive the deductions or the amount deferred. The department of
administration shall then issue warrants for the respective amounts due the
persons listed on each payroll and the checks, share drafts and other drafts
for the payments when received by the state agency shall be transmitted to the
persons entitled to receive them.
(b) All amounts deducted or retained from salaries of state officers and
employees shall be paid by the department of administration from the respective
funds to the person, governmental unit or private organization entitled to
receive them, or for necessary adjustments to correct errors. Amounts due in
payment of federal income taxes required to be deducted and withheld by any
state agency shall be paid on dates required by the internal revenue code and
shall be paid to qualified depositories for federal taxes designated by the
secretary of administration.
45.35. Department of veterans affairs.
(1) POLICY.
It is the policy of the state to give health, educational and economic
assistance to veterans and their dependents, who are residents of this state to
the extent and under the conditions determined by the board within the
limitations hereinafter set forth.
(2g) DEFINITION.
In this section, "department" means the department of veterans affairs.
(3) BOARD FUNCTIONS.
The board may promulgate rules necessary to carry out the purposes of this
chapter and the powers and duties conferred upon them. The records and files of
the department of military affairs and of any other state department or officer
shall, upon request, be made available to the board.
(3d) COUNCIL ON VETERANS PROGRAMS.
(a) The council on veterans programs created under s. 15.497 shall advise the
board and the department on solutions and policy alternatives relating to the
problems of veterans.
(b) The council on veterans programs and the department, jointly or separately,
shall submit a report regarding the council on veterans programs to the chief
clerk of each house of the legislature for distribution to the legislature
under s. 13.172 (2) by September 30 of every odd-numbered year. The report
shall include a general summary of the activities and membership over the past
2 years of the council and each organization on the council.
(3m) CAMP RANDALL MEMORIAL.
(a) The board may approve, recommend and veto any proposed plans, modifications
and changes or policies with respect to established state memorials, including
the Camp Randall Memorial Park, Madison, Wisconsin, as described in par. (c) ,
and any future veterans state memorials; and recommend the creation and
establishment of veterans state memorials.
(b) No structures other than memorials approved by the board and walks, roads
and subterranean footings may be placed or erected upon Camp Randall Memorial
Park unless authorized by the legislature; nor shall the park be used for any
purpose other than a memorial park.
(c) Camp Randall Memorial Park, Madison, Wisconsin, is established and described
as follows: beginning on the west line of Randall Avenue 96.6 feet north of the
center line of Dayton Street extended; thence west at right angles to Randall
Avenue 370 feet; thence south parallel to Randall Avenue 722 feet; thence west
at right angles to Randall Avenue 235 feet; thence south parallel to Randall
Avenue 205 feet to the north line of Monroe Street; thence north 50 degrees 14
minutes east along the north line of Monroe Street approximately 780 feet to
the west line of Randall Avenue; thence north along the west line of Randall
Avenue 429 feet to the place of beginning.
(4) DEPARTMENT STAFF.
(a) The secretary shall appoint under the classified service such persons as are
necessary to carry out the policy of the board and for the proper conduct of
the Wisconsin Veterans Museum. All persons appointed by the department shall,
if possible, be veterans as defined in sub. (5) and preference shall be given
to disabled veterans.
(b) The department shall employ regional coordinators. The duties of a regional
coordinator shall include providing direct claims and benefit application
assistance to veterans. The regional coordinators shall coordinate claims and
benefit application assistance with the appropriate county veterans service
officers under s. 45.43 to maximize the level of assistance and benefits
provided to veterans.
(c) The department shall employ claims officers. The claims officers shall
provide federal claims and benefit assistance to veterans and shall be based in
the departments regional office in Milwaukee County.
(d) The department shall employ mobile claims officers in the departments
southeast region and shall employ mobile claims officers in each of the
departments other regions. The mobile claims officers shall provide claim and
benefit assistance to veterans. The mobile claims officers shall coordinate
that claim and benefit assistance with the appropriate county veterans service
officers under s. 45.43 to maximize the level of assistance and benefits
provided to veterans.
(5) SPOUSES AND DEPENDENTS ENTITLEMENT TO BENEFITS.
The benefits available to veterans are also available to the unremarried
surviving spouses and minor or dependent children of deceased veterans if the
unremarried surviving spouses or minor or dependent children are residents of
and living in this state at the time of making application.
(6) COORDINATION DUTIES.
The department shall coordinate the activities of all state agencies and the
University of Wisconsin Hospitals and Clinics Authority performing functions
relating to the medical, hospital, or other remedial care; placement and
training; and educational, economic, or vocational rehabilitation of persons
who served in the armed forces of the United States at any time and who were
honorably discharged, including such persons with disabilities whether or not
service-connected or war-connected. In particular, the department shall
coordinate the activities of the technical college system board, state
selective service administration, department of health and family services,
department of workforce development, department of public instruction, the
University of Wisconsin System and other educational institutions, the
University of Wisconsin Hospitals and Clinics Authority, and all other
departments or agencies performing any of the functions specified, to the end
that the benefits provided in this section may be made available to veterans as
promptly and effectively as possible.
(7) CONTACT DUTIES.
The department shall maintain contacts with county veterans service officers and
local agencies, the American Red Cross and veterans organizations concerned
with the welfare of veterans and shall contact and cooperate with federal
agencies in securing for veterans all benefits to which they may be entitled.
(7a) CLAIMS OF VETERANS, ASSISTANCE.
The department upon request shall assist all persons residing in the state
having claims against the United States for pensions, bounty or back pay, where
such claims have arisen out of or by reason of service in the U.S. armed
forces. To this end it shall cooperate with their agents or attorneys, advise
as to the legality of claims, furnish all necessary certificates and certified
abstracts from and copies of records and documents in its office, and in all
practicable ways seek to secure speedy and just action upon all claims now
pending or which may hereafter be filed. It shall also, in cases where it may
be expedient, act as agent or attorney of record in prosecuting claims for such
persons requesting it to do so. For any such services rendered no person in the
employ of the department shall make any charge or demand or receive from the
said claimants or any of them, directly or indirectly, any pay or compensation
whatever. It shall provide for registration with the register of deeds of each
county the names of all persons from such county who died in the services of
the United States during the Spanish-American War, Philippine insurrection,
Boxer rebellion, Mexican border service, World Wars I and II, the Korean
conflict or Vietnam service.
(8) MINORS' EXECUTION OF DOCUMENTS; BENEFITS EXEMPT FROM EXECUTION.
(a) Any minor who is a veteran and any minor who is the spouse, surviving spouse
or child of a veteran may execute notes, mortgages and other contracts and
conveyances to the department and such notes, mortgages, contracts and
conveyances shall not be subject to the defense of infancy.
(b) The benefits and aid provided under any of the following are not assignable
and are exempt from garnishment and execution:
1. Section 45.352, 1971 stats.
2. Section 45.351
3. Subchapter II , except as provided under s. 45.74 (6)
4. Section 45.396
(9) VOCATIONAL TRAINING.
The department in cooperation with the department of workforce development shall
make available to disabled veterans the benefits of vocational training and
guidance, including veterans who have filed claims for federal rehabilitation
benefits and during the pendency of such claims. In cases where such claims are
allowed and federal reimbursement is made to the state, such money shall be
paid into and become a part of the veterans trust fund.
(9m) APPROVAL AGENCY FOR VETERAN'S TRAINING.
(a) Except as provided in par. (b) , the department shall be the state approval
agency for the education and training of veterans and war orphans. The
department shall approve and supervise schools and courses of instruction for
the training of veterans and war orphans under Title 38, USC, and may enter
into and receive money under contracts with the U.S. department of veterans
affairs or other appropriate federal agencies.
(b) The governor may designate the following agencies for approval and
supervision of special phases of the program of veterans education:
1. On the job and apprenticeship training program, the department of workforce
development.
2. On the farm training program, the technical college system board.
3. Funeral directors apprentices, the funeral directors examining board.
(10) PLACEMENT OF VETERANS.
The department in cooperation with the department of workforce development and
state selective service administration or any other federal, state or local
agency shall formulate and carry out plans for the training and placement of
veterans.
(12) EXPENDITURES.
(a) All expenditures for execution of functions under this section shall be made
from the veterans trust fund as provided in s. 20.485
(b) The secretary shall certify to the department of administration for payment
all aid to veterans and their dependents authorized under the rules and
regulations of the board and shall certify or approve and forward to it
payrolls and other vouchers for other expenditures of the board authorized
under such rules and regulations.
(13) GIFTS.
(a) The department may receive money, lands, gifts and bequests in its name for
the benefit of Wisconsin veterans and their dependents, or either, in
accordance with policies adopted by the board. Such money shall be deposited in
the state treasury and credited to the veterans trust fund and is appropriated
therefrom by s. 20.485 (2) (z) to the department to be used in accordance with
such policies.
(b) The department may also receive moneys or other gifts and bequests in its
name for the benefit of the Wisconsin Veterans Museum. All moneys received
shall be deposited in the state treasury and credited to the veterans trust
fund and appropriated from s. 20.485 (2) (zm) to the department to be used, as
far as practicable in accordance with the wishes of the donors, and in
accordance with the policies adopted by the board.
(14) POWERS, DUTIES, FUNCTIONS.
The department shall, without limitation because of enumeration, also have the
following powers, duties and functions:
(a) To assist in the coordination of the state, county, municipal and private
activities relating to veterans housing.
(b) To cooperate with any and all federal departments, agencies and independent
establishments relating to veterans housing, materials, priorities and
finances.
(c) To assist any housing authority, municipality or other private enterprise
engaged in supplying additional veterans housing in the acquisition of
materials, finances, legal aid and compliance with federal rules and
regulations.
(d) To utilize the services and facilities of existing state departments and
boards and county veterans service officers. Charges for legal services
furnished the department by the department of justice shall be paid from the
appropriation in s. 20.485 (2) (u)
(e) To employ such assistants as it deems necessary to carry out its functions.
(f) To receive money from federal agencies for the purpose of providing veterans
housing in localities throughout the state.
(g) To perform such other duties as specifically set forth in other sections of
the statutes.
(h) To provide grants to the governing bodies of federally recognized American
Indian tribes and bands from the appropriation under s. 20.485 (2) (vz) if that
governing body enters into an agreement with the department regarding the
creation, goals and objectives of a tribal veterans service officer, appoints a
veteran to act as a tribal veterans service officer and gives that veteran
duties similar to the duties described in s. 45.43 (5) , except that the
veteran shall report to the governing body of the tribe or band. The department
may make annual grants of up to 2,500 under this paragraph and shall promulgate
rules to implement this paragraph.
(i) To provide county veterans service officers with the information provided to
the department by the adjutant general under s. 21.19 (14)
NOTES:
Notes supplied by the State of Wisconsin
Cross Reference: See also ch. VA 15, Wis. adm. code.
(14m) ADDITIONAL POWERS.
The department may provide county veterans service officers with information on
all necessary military points of contact and general deployment information for
reserve units of the U.S. armed forces.
(15) LIBERAL CONSTRUCTION INTENDED.
This section, ss. 45.25 , 45.351 , 45.356 and 45.37 and subch. II shall be
construed as liberally as the language permits in favor of applicants.
(16) DEFERRAL OF PAYMENTS AND INTEREST ON LOANS.
When a veteran or a member of the veterans family makes application for
deferment of payment of monthly installments and waiver of interest charges on
veterans loans made under this chapter, showing that the ability of such
veteran to make payment is materially and adversely affected by reason of
military service, the department may, with the approval of the board, defer
payment of monthly installments and waive interest charges on veterans loans
made under this chapter for the duration of any period of service in the armed
forces of the United States during a national emergency or in time of war or
under P.L. 87-117 and 6 months from date of discharge or separation and the
time for payment may be extended for a like period. However, when funds
estimated to be received in the veterans mortgage loan repayment fund to pay
debt service on public debt contracted under s. 20.866 (2) (zn) and (zo) are
less than the funds estimated to be required for the payment of the debt
service, the board may grant deferral of payments and interest on loans
provided under s. 45.79 only when so required by federal law.
(17) APPLICATION REQUIREMENTS AND PENALTIES.
(a) In any case where the department finds that an applicant for benefits from
the department has willfully made or caused to be made, or conspired, combined,
aided or assisted in, agreed to, arranged for, or in any wise procured the
making of a false or fraudulent affidavit, declaration, certificate, statement
or other writing, it may suspend all benefits available to such applicant from
the department under this chapter.
(b) Any person who, with the intent to secure any benefits under this chapter,
for personal benefit or for others, willfully makes or causes to be made, or
conspires, combines, aids, or assists in, agrees to, arranges for, or in any
wise procures the making or presentation of a false or fraudulent affidavit,
declaration, certificate, statement, or other writing, may be fined not more
than 500 or be imprisoned for not more than 6 months, or both. Such fine or
imprisonment may be imposed in addition to the penalty provided in par. (a)
(c)
1g. As used in this paragraph, "fair consideration" means the exchange of
property, assets or obligations for a fair equivalent thereof, in an amount not
disproportionately small or large compared to the value of the property, assets
or obligations, as reflected in similar market transactions.
1m. The department shall declare immediately due and payable any loan made after
July 29, 1979 under a program administered by the department under s. 45.351 or
subch. II , if it finds that the loan was granted to an ineligible person due
to any of the following circumstances:
a. The applicant did not report income amounts as required on the loan
application.
b. The applicant did not make the disclosures required under subd. 2. a. , b. or
c. on the loan application.
c. The applicant transferred assets or liabilities or incurred liabilities for
less than fair consideration with the intent to thereby qualify for and secure
the loan.
2. Loan application forms processed by the department for programs administered
under s. 45.351 or subch. II shall:
a. Require disclosure of any asset with a value over 500 transferred by the
applicant for less than fair consideration, within one year immediately prior
to the loan application date. In determining the applicants need for a loan,
the department shall consider such assets to be assets of the applicant.
b. Require disclosure of any liability of more than 500 incurred by the
applicant for less than fair consideration, within one year immediately prior
to the loan application date. In determining the applicants need for a loan,
the department shall not consider such liabilities to be liabilities of the
applicant.
c. Require disclosure of all liabilities transferred by the applicant within one
year immediately prior to the loan application date. Such liabilities
transferred for less than fair consideration shall be considered by the
department to be liabilities of the applicant to the extent he or she is liable
for their payment or for reimbursement of the transferee.
d. Contain notification of the penalties provided for in this paragraph.
3. The department shall incorporate the payment acceleration requirements of
subd. 1m. in all loan documents for programs administered by the department
under s. 45.351 or subch. II
Cross Reference: See also ss. VA 1.03 and 1.08, Wis. adm. code.
(18) LOAN REPAYMENTS.
The department shall deposit all repayments of loans and payments of interest
made on loans under s. 45.351 (2), 1995 stats., s. 45.352, 1971 stats., s.
45.356, 1995 stats., or s. 45.80, 1989 stats., in the veterans trust fund.
(19) COLLECTIONS.
The department may enter into contracts to collect delinquent loan payments owed
to the department. The department may allocate a portion of the amounts
collected under the contracts to pay contract costs. Notwithstanding the
provisions of s. 45.36 , the department may release information contained in
its files pertaining to applications for benefits to contractors providing
collection services to the department.
(20) DEPARTMENT HEADQUARTERS AND MUSEUM.
The department may acquire by gift, purchase, or condemnation property for the
purposes of providing a headquarters and museum building for the department.
(22) FUND TRANSFER.
The department may loan money from the veterans trust fund to the veterans
mortgage loan repayment fund to fund loans under s. 45.79
(23) LOAN GUARANTEE.
The department may provide a loan guarantee for multifamily transitional housing
for homeless veterans.
102.27. Claims and awards protected; exceptions.
(1) Except as provided in sub. (2) , no claim for compensation shall be
assignable, but this provision shall not affect the survival thereof; nor shall
any claim for compensation, or compensation awarded, or paid, be taken for the
debts of the party entitled thereto.
(2)
(a) A benefit under this chapter is assignable under s. 46.10 (14) (e) , 301.12
(14) (e) , 767.23 (1) (L) , 767.25 (4m) (c) or 767.265 (1) or (2m)
(b) If a governmental unit provides public assistance under ch. 49 to pay
medical costs or living expenses related to a claim under this chapter, the
employer or insurance carrier owing compensation shall reimburse that
governmental unit any compensation awarded or paid if the governmental unit has
given the parties to the claim written notice stating that it provided the
assistance and the cost of the assistance provided. Reimbursement shall equal
the lesser of either the amount of assistance the governmental unit provided or
two-thirds of the amount of the award or payment remaining after deduction of
attorney fees and any other fees or costs chargeable under ch. 102 The
department shall comply with this paragraph when making payments under s.
102.81
108.13. Deductions from benefit payments.
(1) ASSIGNMENT BEFORE PAYMENT.
Except as provided in subs. (4) and (5) and s. 108.135 , no claim for benefits
under this chapter nor any interest in the fund is assignable before payment.
This subsection does not affect the survival of such a claim or interest.
(2) LIABILITY OF CLAIMANT.
Except as provided in subs. (4) and (5) , no claim for benefits awarded,
adjudged or paid or any interest in the fund may be taken on account of any
liability incurred by the party entitled thereto. This subsection does not
apply to liability incurred as the result of an overpayment of unemployment
insurance benefits under the law of any state or the federal government.
(3) DEATH OF CLAIMANT.
If a claimant dies during or after a week of unemployment in which the claimant
was otherwise eligible to receive benefits and for which benefits are payable,
the department may designate any person who in its judgment should properly
receive the benefits in lieu of the claimant. A receipt or an endorsement from
the person so designated fully discharges the fund from liability for the
benefits.
(4) DEDUCTIONS FOR CHILD SUPPORT OBLIGATIONS.
(a) As used in this subsection:
1. "Child support obligations" includes only those obligations which are being
enforced pursuant to a plan described in 42 USC 654 which has been approved by
the U.S. secretary of health and human services under part D of title IV of the
social security act or which is otherwise authorized by federal law.
2. "Legal process" has the meaning given under 42 USC 662 (e).
3. "State or local child support enforcement agency" means any agency of a state
or political subdivision of a state operating pursuant to a plan described in
subd. 1.
4. "Unemployment insurance" means any compensation payable under this chapter,
including amounts payable by the department pursuant to an agreement under any
federal law providing for compensation, assistance or allowances with respect
to unemployment.
(b) A claimant filing a new claim for unemployment insurance shall, at the time
of filing the claim, disclose whether or not he or she owes child support
obligations. If any such claimant discloses that he or she owes child support
obligations and is determined to be eligible for unemployment insurance, the
department of workforce development shall notify the local child support
enforcement agency enforcing the obligations that the claimant has been
determined to be eligible for unemployment insurance.
(c) The department shall deduct and withhold from any unemployment insurance
payable to a claimant who owes child support obligations:
1. Any amount determined pursuant to an agreement under 42 USC 654 (19) (B) (i)
between the claimant and the state or local child support enforcement agency
which is submitted to the department by the state or local child support
enforcement agency;
2. Any amount required to be so deducted and withheld pursuant to legal process
brought by the state or local child support enforcement agency; or
3. Any amount directed by the claimant to be deducted and withheld under this
paragraph.
(d) Any amount deducted and withheld under par. (c) shall be paid by the
department to the appropriate state or local child support enforcement agency.
(e) Any amount deducted and withheld under par. (c) shall, for all purposes, be
treated as if it were paid to the claimant as unemployment insurance and paid
by the claimant to the state or local child support enforcement agency in
satisfaction of his or her child support obligations.
(f) This subsection applies only if appropriate arrangements are made for the
local child support enforcement agency to reimburse the department for
administrative costs incurred by the department that are attributable to the
interception of unemployment insurance for child support obligations.
(5) OTHER DEDUCTIONS.
The department may make a deduction from a claimants benefit payments for any
purpose that is permitted by federal law.
178.21. Property rights of partner.
(1) The property rights of a partner are that partners rights in specific
partnership property, that partners interest in the partnership, and his or her
right to participate in the management.
(2) A partner is co-owner with the other partners of specific partnership
property holding as a tenant in partnership.
(3) The incidents of this tenancy are such that:
(a) A partner, subject to the provisions of this chapter and to any agreement
between the partners, has an equal right with the other partners to possess
specific partnership property for partnership purposes; but a partner has no
right to possess such property for any other purpose without the consent of the
other partners.
(b) A partners right in specific partnership property is not assignable except
in connection with the assignment of the rights of all the partners in the same
property.
(c) A partners right in specific partnership property is not subject to
attachment or execution, except on a claim against the partnership. When
partnership property is attached for a partnership debt the partners, or any of
them, or the representatives of a deceased partner, cannot claim any right
under the homestead or exemption laws.
(d) On the death of a partner the partners right in specific partnership
property vests in the surviving partner or partners, except where the deceased
was the last surviving partner, when the partners right in such property vests
in the partners legal representative. Such surviving partner or partners, or
the legal representative of the last surviving partner, has no right to possess
the partnership property for any but a partnership purpose.
(e) A partners right in specific partnership property is not subject to elective
rights under s. 861.02 (1) of a surviving spouse or to allowances to a
surviving spouse, heirs, or next of kin.
Note: Exemptions may have changed since our last update.
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