Section 633.14. Issuance of license.

 

(1)  The commissioner shall issue a license to act as an administrator to an individual who does all of the following:

(a) Subject to s. 601.31 (2m) , pays the fee under s. 601.31 (1) (w) .

(b) Supplies a bond meeting the specifications established under sub. (3) .

(c) Shows to the satisfaction of the commissioner all of the following:

1. That the person intends in good faith to act as an administrator in compliance with applicable laws of this state and rules and orders of the commissioner.

2. That the person is competent and trustworthy.

3. That the person is licensed to act as an agent.

4. If a nonresident, that the person has executed in a form acceptable to the commissioner an agreement to be subject to the jurisdiction of the commissioner and the courts of this state and rules and orders of the commissioner, with service of process as provided under ss. 601.72 and 601.73 .

(d) Provides his or her social security number, unless the individual does not have a social security number.

(e) If an individual who does not have a social security number, provides on a form prescribed by the department of children and families a statement made or subscribed under oath or affirmation that he or she does not have a social security number.

(2)  The commissioner shall issue a license to act as an administrator to a corporation, limited liability company or partnership that does all of the following:

(a) Pays the fee under s. 601.31 (1) (w) .

(b) Supplies a bond meeting the specifications established under sub. (3) .

(c) Shows to the satisfaction of the commissioner all of the following:

1. That the corporation, limited liability company or partnership intends in good faith to act as an administrator through individuals designated under subd. 3. in compliance with applicable laws of this state and rules and orders of the commissioner.

2. That each officer, director, member, partner or other individual having comparable responsibilities in the corporation, limited liability company or partnership is competent and trustworthy.

3. That for each plan to be administered, the corporation, limited liability company or partnership has designated or will designate an individual in the corporation, limited liability company or partnership to directly administer the plan.

4. If not organized under the laws of this state, that the corporation, limited liability company or partnership has executed in a form acceptable to the commissioner an agreement to be subject to the jurisdiction of the commissioner and the courts of this state and rules and orders of the commissioner, with service of process as provided under ss. 601.72 and 601.73 .

(d) Provides its federal employer identification number.

(2c)  

(a) The commissioner shall disclose a social security number obtained under sub. (1) (d) to the department of children and families in the administration of s. 49.22 , as provided in a memorandum of understanding entered into under s. 49.857 .

(b) The commissioner may disclose any information received under sub. (1) (d) or (2) (d) or s. 633.15 (1m) to the department of revenue for the purpose of requesting certifications under s. 73.0301 and to the department of workforce development for the purpose of requesting certifications under s. 108.227 .

(2m)  

(a) Notwithstanding sub. (1) , the commissioner may not issue a license under this section if the individual applying for the license is delinquent in court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or if the individual fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857 .

(b) Notwithstanding subs. (1) and (2) , the commissioner may not issue a license under this section if the department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes or if the department of workforce development certifies under s. 108.227 that the applicant is liable for delinquent unemployment insurance contributions.

(3)  The commissioner shall promulgate rules establishing the specifications that a bond supplied by an administrator under sub. (1) (b) or (2) (b) must satisfy to guarantee faithful performance of the administrator.

1991 a. 39 ; 1993 a. 112 ; 1997 a. 191 , 237 ; 1999 a. 9 ; 2007 a. 20 ; 2011 a. 209 ; 2013 a. 36 . Cross-reference: See also s. Ins 8.28 , Wis. adm. code.