Compliance Courier, 9/4/09
Since 08/09, same-sex couples in Wis. have been able to register as “domestic partners” by completing and signing an affidavit at a County Clerk’s office. Registered partners under Wis. law are provided with certain legal rights. But they are not married and do not have all the same rights as spouses. Most of the rights for partners have no significance for credit unions. For example, they now can have access to health care records, etc. However, some of these new rights may affect credit union operations. Click on the link for info relating to the effect of the law on:
affidavits for transfer; §851.09, Chap. 852 and §867.03
automatic revocation of power of attorney; §243.07 & §854.15
payable-on-death designation or the survivorship terms of a joint account; §854.15(3)
state family law and medical leave provisions; §103.10
payment of an employee’s unpaid wages upon death. §109.03.
The CFPB issues this memorandum to its staff, saying the Bureau will regard a person who is married under the laws of any jurisdiction to be married nationwide for purposes of the federal statutes and regulations under the Bureau’s jurisdiction regardless of the person’s place of residency. Consistent with other federal agencies, the Bureau will not regard a person to be married by virtue of being in a domestic partnership, civil union, or other relationship not denominated by law as a marriage. Except as otherwise noted, the Bureau applies this policy to:
Equal Credit Opportunity Act (ECOA) and Regulation B;
Fair Debt Collection Practices Act (FDCPA);
Interstate Land Sales Disclosure Act (ILSA) and Regulation J;
Truth in Lending Act (TILA) and Regulation Z;
Real Estate Settlement Procedures Act (RESPA) and Regulation X.
What is the status of the approximately 700 same-sex couples who married in Wisconsin between the June 6 declaratory ruling and the subsequent June 13, 2014 order staying the enforcement of that ruling? Will these marriages be recognized? The author says the short answer is: it depends. Wisconsin couples will be in legal limbo while the higher courts decide whether same-sex marriage bans are unconstitutional, and whether the Wisconsin marriages that did take place from June 6 to June 13 are valid.
2009 Wisconsin Act 28 defines state employee domestic partnerships and same sex domestic partnerships and governs relationships between partners. The Act affects many areas of the law, but its provisions are not comprehensive. This article lists many of the statutes the Act affects, including but not limited to these, of interest to credit unions:
Real estate transfer fees;
Family and medical leave;
Inheritance and probate issues such as intestacy, family rights, summary procedures, and transfers of motor vehicles and manufactured homes.