(B)(1) Except as provided in division (B)(2) of this section, | 12 |
an individual who provided personal services to a public employer | 13 |
on or before the effective date of this sectionJanuary 7, 2013, | 14 |
but was not classified as a public employee may request from the | 15 |
public employees retirement board a determination of whether the | 16 |
individual should have been classified as a public employee for | 17 |
purposes of this chapter. The request shall be made on a form | 18 |
provided by the board. | 19 |
(2) Not later than sixty days after the effective date of | 29 |
this sectionSeptember 7, 2013, the employer shall send to each | 30 |
individual described in division (B)(1) of this section a copy of | 31 |
the form provided by the retirement system and written notice of | 32 |
the right to seek a determination of whether the individual should | 33 |
have been classified as a public employee. The notice shall be | 34 |
sent to the individual's last known address on record with the | 35 |
employer. | 36 |
(3) On receipt of a properly completed form, the board shall | 37 |
determine whether the individual should have been classified as a | 38 |
public employee. If the board determines that the individual is | 39 |
not a public employee with regard to the services in question, for | 40 |
the purposes of this chapter the individual shall be considered an | 41 |
independent contractor with regard to the services in question. | 42 |
The board's determination is final. | 43 |
(D) Regardless of whether an individual actually receives | 48 |
notice under this section, the request for a determination must be | 49 |
made not later than one year after the effective date of this | 50 |
sectionAugust 7, 2014, unless the individual can demonstrate to | 51 |
the board's satisfaction through medical records that at the time | 52 |
the one-year period endedon that date the individual was | 53 |
physically or mentally incapacitated and unable to request a | 54 |
determination. | 55 |