145-1-41 Membership determination.

(A) If a public employer is unable to determine whether an individual is a public employee, as defined in division (A) of section 145.01 of the Revised Code, it shall make a request in writing to the public employees retirement board for a determination of whether the individual is a public employee eligible for membership in the public employees retirement system.

(B)

(1) If a public employer is unable to determine whether an individual performing services under a contract is eligible for membership, it shall make a request in writing to the public employees retirement board for a determination.

(2) In making any determination as to whether an individual is a contract employee or independent contractor, the retirement board shall review, including but not limited to, the elements described in paragraphs (A)(1) and (A)(2) of rule 145-1-42 of the Administrative Code.

(C) If the employer fails to request a prior determination and the retirement board determines the individual should be a member, then the employer shall be liable for employee and employer contributions pursuant to section 145.483 of the Revised Code if no deductions have been made.

(D) If the employer fails to request a prior determination and the retirement board determines the individual shall not be a member, then any contributions received prior to the determination are unauthorized and shall be returned.

Effective: 01/01/2006

R.C. 119.032 review dates: 09/29/2005 and 09/29/2010

Promulgated Under: 111.15

Statutory Authority: 145.09

Rule Amplifies: 145.01, 145.012, 145.38

Prior Effective Dates: 1/1/03, 9/27/98, 8/31/92