ETF 10.08(3)(a)(a) The employer shall make the initial determination that an employee has terminated from employment under this section. Except as provided under par. (b), (c) or (d) the date of termination shall be the earliest of the dates determined under all the following applicable subdivisions:

ETF 10.08(3)(a)1.1. 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.

ETF 10.08(3)(a)2.2. 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.

ETF 10.08(3)(a)4.4. 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.

ETF 10.08(3)(a)5.5. 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.

ETF 10.08(3)(a)6.6. 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.

ETF 10.08(3)(b)(b) 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.

ETF 10.08(3)(c)(c) 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(3)(d)(d) 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, Stats.

ETF 10.08 HistoryHistory: 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; CR 14-055: am. (2) (a), (c) 2., 3. Register May 2015 No. 713, eff. 6-1-15; CR 19-126: am. (2) (c) (intro.), r. (2) (c) 2., am. (2) (d) Register May 2021 No. 785, eff. 6-1-21.

ETF 10.10(1)(1) Purpose. 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) and (f), 15.165 (1) and (3) (a) 1., 2., 6., 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.

ETF 10.10(1m)(a)(a) “Annuitant” has the meaning given in s. 40.02 (4), Stats.

ETF 10.10(1m)(b)(b) “Election category” means the class of participating employees or annuitants who are eligible under s. 15.16 (1) (d) or (f), or 15.165 (3) (a) 1., 2., 6., or 7., Stats., to vote to elect a member to the employee trust funds board or the teachers retirement board.

ETF 10.10(1m)(c)(c) “Participating employee” has the meaning given in s. 40.02 (46), Stats.

ETF 10.10(1m)(d)(d) “Teacher” has the meaning given in s. 40.02 (55), Stats.

ETF 10.10(2)(ag)(ag) 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.

ETF 10.10(2)(ar)(ar) Regular elections. 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.

ETF 10.10(2)(b)(b) Vacancies. 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.

ETF 10.10(3)(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.

ETF 10.10(4)(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:

ETF 10.10(4)(a)(a) 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.