Senate Bill 43 establishes and House Bill 67 extends time limit for certain membership determination requests

Sep 12, 2016

OPERS provides benefits to members who have earned service credit under guidelines set in state law. Senate Bill 343 contained provisions which govern the eligibility for OPERS membership for individuals hired as independent contractors or classifications other than public employee for which no retirement contributions were or will be remitted to OPERS.

Ohio Revised Code Section 145.037 permits individuals who provided personal services to a public employer prior to Jan. 7, 2013, but were classified as contractors or classifications other than a public employee, to request a determination from OPERS as to whether they should have been classified as public employees eligible for OPERS membership for these services.

Senate Bill 343 provided that such requests had to be made within 1 year from the effective date of the pension legislation, which was Jan. 7, 2013.

House Bill 67 extends the window to request a membership determination for those individuals hired prior to Jan. 7, 2013 as an independent contractor or other classification other than public employee for which no retirement contributions were or will be remitted to OPERS from Jan. 7, 2014 to Aug 7, 2014

Additionally, going forward, individuals hired into one of these provisions on or after Jan 7, 2013 will have five years to make a determination request. Previously, there was no time limit.

To request a membership determination from OPERS for personal services provided prior to Jan. 7, 2013, please complete the form below and return it to OPERS prior to the deadline stated above.

Upon receipt of a properly completed form, OPERS will begin its review and may request additional information from the individual and/or public employer before issuing a determination.

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