ETF 10.07 History
Cr. Register, March, 1985, No. 351
, eff. 4-1-85.
Separation from employment. ETF 10.08(1)(a)(a)
This section defines separation of employment under s. 40.23 (1) (a) 1.
, Stats., for purposes of establishing eligibility to receive benefits from the Wisconsin retirement system, including separation benefits, lump sum benefits and retirement annuity benefits as provided by ss. 40.23
, Stats. For purposes of the Wisconsin retirement system, the terms "separation from employment" and "termination" are used interchangeably. An otherwise valid termination may become void and without effect as the result of reinstatement of the employee under s. 40.25 (5)
, Stats., and s. ETF 10.01 (3t)
, or because the employee received remedial payments deemed to be earnings under s. ETF 20.12
for a period in question, or if the employee failed to meet the minimum break in service requirements as a rehired annuitant under s. ETF 20.02
and s. 40.26 (5)
, Stats., and shall thereby be treated as employed during that period.
Intent to terminate.
No person may receive any retirement annuity, separation benefit or lump-sum payment from the Wisconsin retirement system without first terminating from his or her current employment with all participating employers. Whether the termination is a voluntary termination by the employee or an involuntary termination by the employer, the employer and employee shall act with the good-faith intent of ending the employee-employer relationship.
Termination from participating employment occurs when all of the following conditions are met:
The employee ceases to render compensable personal services to or on behalf of the employer, and the employer has no further rights to any future services from the employee for which the employee [has received or] will receive compensation. This paragraph does not apply to services rendered as a part-time elected official after the effective date of a participant's waiver of [WRS coverage for] part-time elected service under s. 40.23 (1) (am)
ETF 10.08 Note
Note: Missing language is shown in brackets.
If the employee's termination is voluntary, the employee and employer comply with the employer's policies for voluntary termination, including the filing of a letter of resignation.
As of the end of the day that participating employment terminates, the employee has no rights to any future compensable employment that meets the qualifications for inclusion under the Wisconsin retirement system provided under s. 40.22
, Stats. A right to future compensable employment includes, but is not limited to, a contract for future employment with any participating employer, or having already been elected as of the termination date to a term of public office meeting the qualifications for participating employment, which term commences on or after the date of termination of employment, other than a term of public office as a part-time elected official for which the participant has waived WRS coverage under the provisions of s. 40.23 (1) (am)
Except as provided in s. ETF 50.30 (4)
, upon termination of employment the participant is treated consistently with the status of a former employee. This includes, but is not limited to the terminated employee no longer being eligible for benefits available only to active employees. Examples of such benefits may include health insurance, life insurance, income continuation insurance coverage, making deferred compensation or tax sheltered annuity contributions, worker's compensation coverage, internal grievance, promotion or transfer rights, or rights available to active employees under a collective bargaining agreement. This subdivision shall not apply to benefits that may be available to the employer's retired employees, such as severance pay, post-retirement insurance coverage and/or employer payment of premiums, or post-retirement benefits or other rights provided through collective bargaining or other retirement agreements. However, agreements made after the termination date for future compensable services to be rendered by the employee would not be precluded under subd. 3.
Immediately upon termination of employment, the participant has no authority to act as a representative of the employer in any capacity or to exercise any authority or control over other employees of the employer, and the employer has no responsibility or liability for any actions of the terminated employee. This subdivision shall not apply to employees of any WRS participating employer who provide services for which they have not and will not receive compensation of any kind, including but not limited to payment at some other time or compensatory paid leave.
ETF 10.08 Note
Example: Emeritus professors could render services for the university after termination on the condition that they do not receive any form of compensation, including employer contributions to IRC s. 403 (b) accounts.
As of the termination of employment the employer has paid to the employee any accumulated benefits that similarly situated employees of that employer customarily receive upon termination of employment, including but not limited to accumulated vacation, compensatory time and sick leave, and the employee has no entitlement to any such remaining benefits.
In order to receive a benefit under s. 40.23
, Stats., a person terminated from participating employment on or after July 1, 1996, shall remain terminated from all employment meeting the qualifications for inclusion under s. 40.22
, Stats., throughout a period beginning with the date of termination from all participating employment and ending on the latest of the following dates:
The day after the date which would be the effective date of the annuity as determined in accordance with s. 40.23 (1) (b)
, Stats., as applicable to the annuity in question.
The thirty-first day after termination of employment in accordance with this section.
For purposes of determining whether employment meets the qualifications under s. 40.22
, Stats., the exclusion of s. 40.22 (2) (L)
, Stats., does not apply unless the person has met all qualifications for entitlement to an annuity, including termination from participating employment for the period specified in par. (c) 1.
, and 3.
Payment of an annuity or other benefits in error does not qualify a person as an annuitant for purposes of s. 40.22 (2) (L)
ETF 10.08 Note
Refer to s. ETF 20.02 (2)
on rehired annuitants.
The employer shall make the initial determination that an employee has terminated from employment under this section. Except as provided under par. (b)
the date of termination shall be the earliest of the dates determined under all the following applicable subdivisions:
The date an unpaid leave of absence expires, if the employer-employee relationship is terminated because the employee fails to return to work following an unpaid leave of absence granted by the employer.
The date 3 years after an unpaid leave of absence began, in accordance with s. 40.02 (40)
, Stats. This subdivision does not apply to a military leave or union service leave.
The effective date that the employer discharges the employee, other than as provided in subd. 1.
The effective date that the employer determines that the employer-employee relationship terminates, except that the effective date of the termination cannot be earlier than the date on which the employer notifies the employee of the termination.
The last date for which the employee receives earnings for personal services rendered to or on behalf of the employer. If the employer has granted an unpaid leave of absence for a period of time after this date, this subdivision does not apply.
The date on which the employee's voluntary resignation is effective as accepted by the employer or, if later, the date on which the employer receives the employee's notice of resignation.
Any report of a termination is subject to review by the department. Notwithstanding par. (a)
, the department is not bound by an employer's report and may determine a different termination date in accordance with this section and s. 40.02 (26)
, Stats., upon evidence satisfactory to the department.
Except as expressly provided by law, no termination may be effective retroactive to a date earlier than the date on which the employee or employer notifies the other of the decision to terminate the participant's employment.
ETF 10.08 Note
See ss. ER 18.14 (4)
and 21.03 (2)
concerning termination retroactive to the date the leave of absence expired.
No termination date may predate the last date for which the employee receives earnings for personal services rendered to or on behalf of the employer, except as provided in sub. (2) (b) 1.
, and except that operation of s. 40.29
, Stats., does not preclude termination of an employee prior to the expiration of a period for which the employee receives temporary disability compensation under s. 102.43
ETF 10.08 History
Cr. Register, June, 1998, No. 510
, eff. 7-1-98; CR 08-026
: am. (2) (b) 4. Register September 2009 No. 645
, eff. 10-1-09; CR 11-042
: am. (1) (a), (2) (a), cr. (2) (b) (title), am. (2) (b) 2., cr. (2) (c) (title), (d) (title) Register July 2012 No. 679
, eff. 8-1-12.
Employee trust funds board and teachers retirement board elections. ETF 10.10(1)
This section establishes procedures for all elections of persons to the employee trust funds board or the teachers retirement board, pursuant to ss. 15.16 (1) (d)
, 15.165 (1)
and (3) (a) 1.
, and 7.
, and 40.03 (2) (p)
, Stats. Except where noted otherwise, these procedures shall apply for elections to either the employee trust funds board or the teachers retirement board.
"Election category" means the class of participating employees or annuitants who are eligible under s. 15.16 (1) (d)
, or 15.165 (3) (a) 1.
, or 7.
, Stats., to vote to elect a member to the employee trust funds board or the teachers retirement board.
Situations requiring an election.
The secretary shall schedule an election when the term for an elective board position is due to expire or the position is vacated for any reason.
When a term is due to expire, the secretary shall schedule the election to ensure that the election is completed and the new board member announced prior to the date the new term commences.
If an elective board position is vacant for any reason other than the term expiring, the secretary shall schedule an election at a time determined by the secretary. The annuitant or participating employee elected in an election to fill a position vacated prior to the end of a term shall serve the remainder of the unexpired term.
(3) Call for nominations.
The department shall publish, in a manner determined by the secretary, the notice of the election, the nomination timetable, and instructions explaining the nomination process for a prospective candidate.
(4) Nomination Procedures.
A candidate shall be nominated by petition on forms provided by the department. Petitions shall be received by the department no later than the petition filing date in the nomination time schedule published under sub. (3)
. A nominating petition received after this date is invalid. A candidate shall do all of the following:
Submit a nominating petition.
Submit to the department a nominating petition containing at least 25 but no more than 50 printed names and valid signatures of participating employees or annuitants eligible to vote in that election. The nominating petition shall contain the name and address of each signer's employer and the date signed. For an annuitant, the name and address of the signer's employer shall be that of the signer's last participating employer in the Wisconsin retirement system. The department will verify the entries on the petition based on records in the department. Entries that cannot be verified shall not be counted. If more than 50 signatures are submitted, the department shall review for validity only the first 50 signatures, based on the earliest date signed, and disregard the balance.
Certify the nominating petition.
Sign the nomination petition to certify that all signers are eligible to vote in the election category for which the candidate is running.
Submit a candidate statement.
Submit a candidate information form to the department containing no more than 150 words. The department shall print no more than the first 150 words of the candidate's information and make it available to eligible voters with the ballots. The candidate must sign the candidate information form verifying the accuracy and truthfulness of the information provided.
ETF 10.10 Note
Note: A Board Election Packet containing the Nominating Petition form and Candidate Information form can be obtained from the department by contacting the department's board liaison at 877-533-5020.
(5) Nominations for the employee trust funds board.
Any person who meets the eligibility requirements of s. 15.16 (1) (d)
, Stats., on the date the person files nomination papers with the department and who plans to continue meeting the eligibility requirements upon election, may be nominated for election to the employee trust funds board by satisfying the requirements of pars. (4) (a)
within the calendar dates established by the department.
(6) Nominations for the teachers retirement board.
Any person who meets the eligibility requirements of s. 15.165 (3) (a) 1.
, or 7.
, Stats., on the date the person files nomination papers with the department and who plans to continue meeting the eligibility requirements upon election, may be nominated for election to the teachers retirement board by satisfying the requirements of par. (4) (a)
within the calendar dates established by the department.
A person shall be eligible to vote if the person is an annuitant or participating employee in the election category for which the election is being held and meets the other voting eligibility requirements in this section at the time ballot materials are printed for distribution and the department has a record of his or her eligibility.
Teachers retirement board elections.
A participating employee of the state department of public instruction, state department of health services, state technical college system, and the state educational communications board, who is classified as a teacher under the Wisconsin retirement system, is not employed by a public school or a technical college system district and may not vote in any election to elect a teacher to serve on the teachers retirement board.
Teacher in public school and a technical college system district.
For a teacher concurrently employed by both a public school and a technical college system district, the teacher shall be eligible to vote in both categories specified under s. 15.165 (3) (a) 1.
ETF 10.10(8)(ag)(ag) Scope.
This subsection shall only apply to elections that are conducted using paper ballots. If an election is conducted using a combination of electronic and paper ballots, this subsection shall apply only to the paper ballots used in that election.
The department shall print ballots with the candidates' names in alphabetical order and shall include, when the ballots are distributed, instructions for marking the ballot and the deadline for its return.
Distribution of ballots to participating employees.
At the direction of the secretary, ballots may be distributed either through an employer or directly to a participating employee. If distributed through an employer, the department shall send each employer one ballot individually labeled with the participating employee's name for each participating employee in the election category for which the election is being held who is employed by the employer and whose position is known to the department. A distribution list, prepared by the department and containing the names of participating employees for whom ballots are included, shall accompany the ballots. The department shall require an employer to verify, by signing the distribution list, that the employer distributed the ballots within 30 days of the date they were mailed by the department. The employer shall indicate on the distribution list which ballots could not be distributed and shall return the undistributed ballots.
Distribution of ballots to annuitants.
The department shall send a ballot directly to each annuitant who is eligible to vote in that election at the last home address the department has on file.
Distribution of ballots to teachers with multiple employment locations.
If a teacher is employed in more than one employment location within an election category specified under s. 15.165 (3) (a) 1.
, Stats., the department shall provide a paper ballot to only one location as determined by the department.
Distribution of ballots to teachers employed in a public school and a technical college system district.
For a teacher concurrently employed by both a public school and a technical college system district, the department shall provide a ballot to both locations.
The secretary may conduct the election by paper ballots, electronic ballots, or a combination of such methods.
The secretary shall approve a secure voting procedure that ensures that only a person eligible to vote is permitted to cast a vote, and that only one vote is recorded for each person who casts a vote in an election. A person eligible to vote shall cast his or her vote by indicating his or her choice of candidates in accordance with voting instructions approved by the secretary.
Voting when there are multiple teachers retirement board positions to be filled.
If there is more than one teachers retirement board position to be filled in an election category and an election is held, voters may vote for as many candidates, in the appropriate election category, as there are positions to be filled.
(10) Certification of election results.
The board for which an election is being held shall appoint an election committee that shall consist of the secretary of the department or the secretary's designee and 2 board members who are not running for reelection. A majority of the election committee appointed by the respective boards shall determine the validity of ballots set aside by the department and certify the election results.
(11) Verification of election results.
The department shall set aside a vote that it believes may be invalid under pars. (a)
for review by the election committee. The election committee shall deem a vote invalid if any of the following apply:
A ballot is so defective that the committee cannot determine with reasonable certainty for whom the ballot was cast.
The ballot was not received within the period prescribed by the election notice.
Insufficient number of candidates for holding an election.
If the number of candidates whose nomination petitions are approved by the department is equal to or less than the number of positions to be filled within an election category, all of the following shall apply:
Multiple positions to be filled in an election category that do not have an equivalent amount of time remaining in a term.
If there are multiple positions to be filled within an election category and the vacant positions have different amounts of time remaining, the following shall apply:
If an election has been held, the candidate with the most votes shall receive the position with the most time remaining. The candidate with the second most votes shall receive the position with the second most time remaining, and so forth for any remaining candidates and positions.
If an election is not held because the number of candidates is equal to or less than the number of positions to be filled, but there are multiple candidates for the available positions, positions will be selected by the drawing of lots. If there is only one candidate and multiple vacant positions, the candidate will receive the position with most time remaining, unless the candidate requests otherwise from the secretary.
(13) Tabulation of votes.
The candidate who receives the largest number of votes shall be elected. The election committee shall break a tie by the drawing of lots. The counting of votes shall be conducted under the direction of the secretary or the secretary's designee.