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H. B. No. 67 As Reported by the House Health and Aging CommitteeAs Reported by the House Health and Aging Committee
|130th General Assembly|
Representatives Schuring, Ramos
To amend section 145.037 of the Revised Code to delay
determinations by the Public Employees Retirement
System of eligibility for retirement system
membership and to declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 145.037 of the Revised Code be
amended to read as follows:
Sec. 145.037. (A) As used in this section and section 145.038
of the Revised Code, "business entity" means an entity with five
or more employees that is a corporation, association, firm,
limited liability company, partnership, sole proprietorship, or
other entity engaged in business.
(B)(1) Except as provided in division (B)(2) of this section,
an individual who provided personal services to a public employer
on or before
the effective date of this section January 7, 2013,
but was not classified as a public employee may request from the
public employees retirement board a determination of whether the
individual should have been classified as a public employee for
purposes of this chapter. The request shall be made on a form
provided by the board.
(2) Division (B)(1) of this section does not apply to an
individual employed by a business entity under contract with a
public employer to provide personal services to the employer.
(C)(1) Not later than thirty days after
the effective date of
this section January 7, 2013, the board shall notify each employer
of the right of an individual described in division (B)(1) of this
section to seek the determination described in that division. The
notice shall be accompanied by copies of the form described in
division (B)(1) of this section.
(2) Not later than
sixty days after the effective date of
this section September 7, 2013, the employer shall send to each
individual described in division (B)(1) of this section a copy of
the form provided by the retirement system and written notice of
the right to seek a determination of whether the individual should
have been classified as a public employee. The notice shall be
sent to the individual's last known address on record with the
(3) On receipt of a properly completed form, the board shall
determine whether the individual should have been classified as a
public employee. If the board determines that the individual is
not a public employee with regard to the services in question, for
the purposes of this chapter the individual shall be considered an
independent contractor with regard to the services in question.
The board's determination is final.
(4) The board shall notify the individual and the employer of
its determination. The determination shall apply to services
performed before, on, or after
the effective date of this section
January 7, 2013, for the same employer in the same capacity.
(D) Regardless of whether an individual actually receives
notice under this section, the request for a determination must be
made not later than
one year after the effective date of this
section August 7, 2014, unless the individual can demonstrate to
the board's satisfaction through medical records that at the time
the one-year period ended on that date the individual was
physically or mentally incapacitated and unable to request a
Section 2. That existing section 145.037 of the Revised Code
is hereby repealed.
Section 3. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is to
delay implementation of Public Employees Retirement System member
determinations under Sub. S.B. 343 of the 129th General Assembly.
Therefore, this act shall go into immediate effect.