3309-1-11 Membership determinations.

(A) A request for a determination as to whether an individual or a group of individuals are required to be members of the school employees retirement system may be initiated by an employer, an affected individual, or the retirement system.

(1) An employer or individual who has a question as to membership requirements shall request in writing a determination by the retirement system. Such determination shall be made as provided in rule 3309-1-03 of the Administrative Code.

(2) When a membership determination has been initiated, the employer and any affected individual or individuals shall furnish such documents and information requested by the retirement system.

(B) If contributions have not been remitted and the retirement system determines the individual is covered by this system, the employer shall be liable for employee and employer compulsory contributions pursuant to rule 3309-1-13 of the Administrative Code. If no membership record and/or contributions are received by the system within thirty days of the determination, a charge, based on an estimated salary for such individual's position, against the employer shall be made for collection through the state school foundation program if available or by direct billing.

(C) If contributions have been remitted and the retirement system determines the individual is not covered by this system, any contributions received shall be unauthorized and shall be refunded.

(D) The retirement board has determined that the phrase "service common to the normal daily operation of an educational unit" as used in division (B)(2) of section 3309.01 of the Revised Code means:

(1) Any service required to be provided by an educational unit or the provision of which is governed by law, statute, or rule; or

(2) Any service necessary on a regular continuous basis to the efficient operation of an educational unit; or

(3) Any service which, through custom and usage, has become a service commonly provided or procured by an educational unit on a regular continuous basis.

R.C. 119.032 review dates: 01/31/2014 and 01/31/2019
Promulgated Under: 111.15
Statutory Authority: 3309.04
Rule Amplifies: 3309.01 , 3309.23
Prior Effective Dates: 9/27/04, 4/3/09