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To amend section 145.037 of the Revised Code to delay | 1 |
determinations by the Public Employees Retirement | 2 |
System of eligibility for retirement system | 3 |
membership and to declare an emergency. | 4 |
Section 1. That section 145.037 of the Revised Code be | 5 |
amended to read as follows: | 6 |
Sec. 145.037. (A) As used in this section and section 145.038 | 7 |
of the Revised Code, "business entity" means an entity with five | 8 |
or more employees that is a corporation, association, firm, | 9 |
limited liability company, partnership, sole proprietorship, or | 10 |
other entity engaged in business. | 11 |
(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 | 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) Division (B)(1) of this section does not apply to an | 20 |
individual employed by a business entity under contract with a | 21 |
public employer to provide personal services to the employer. | 22 |
(C)(1) Not later than thirty days after | 23 |
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of the right of an individual described in division (B)(1) of this | 25 |
section to seek the determination described in that division. The | 26 |
notice shall be accompanied by copies of the form described in | 27 |
division (B)(1) of this section. | 28 |
(2) Not later than | 29 |
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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 |
(4) The board shall notify the individual and the employer of | 44 |
its determination. The determination shall apply to services | 45 |
performed before, on, or after | 46 |
January 7, 2013, for the same employer in the same capacity. | 47 |
(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 | 50 |
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the board's satisfaction through medical records that | 52 |
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physically or mentally incapacitated and unable to request a | 54 |
determination. | 55 |
Section 2. That existing section 145.037 of the Revised Code | 56 |
is hereby repealed. | 57 |
Section 3. This act is hereby declared to be an emergency | 58 |
measure necessary for the immediate preservation of the public | 59 |
peace, health, and safety. The reason for such necessity is to | 60 |
delay implementation of Public Employees Retirement System member | 61 |
determinations under Sub. S.B. 343 of the 129th General Assembly. | 62 |
Therefore, this act shall go into immediate effect. | 63 |