Independent Contractor-Worker Acknowledgement Form (PEDACKN).pdf

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Attached to
RTI WSHP Control Board State and local contract opportunity
Solicitation number
SRC0000037166
Issued by
Ohio

About this file

This is an Independent Contractor/Worker Acknowledgement Form (PEDACKN) issued by the Ohio Public Employees Retirement System (OPERS) for use by public employers in Ohio. The form must be completed by individuals who begin providing personal services to a public employer on or after January 7, 2013, but are classified as independent contractors rather than public employees and will not have contributions made to OPERS. The form requires completion within 30 days of the service start date and documents the individual's acknowledgement that they have been informed of their independent contractor classification and that no OPERS contributions will be made on their behalf. The document requires the completion of three sections: personal information including Social Security number, date of birth, and current employer details; public employer information including the employer name, contact information, employer code, service description, and service dates; and a formal acknowledgement by the individual that they meet the criteria of an independent contractor as defined by Ohio Administrative Code.

The acknowledgement section of the form outlines eight specific criteria that must be met for independent contractor status, including execution of a bilateral agreement defining compensation and responsibilities, payment by fee or contractual arrangement, ineligibility for workers' compensation or unemployment compensation, potential ineligibility for employee fringe benefits, absence from the employer's payroll, requirement to provide own supplies and equipment, lack of employer control over work manner, and receipt of IRS Form 1099. The form specifically addresses consequences for re-employed retirees, including forfeiture of the pension portion of benefits and suspension of annuity portions if services commence within two months of retirement or with the same former employer. Individuals who disagree with the independent contractor classification may request a determination from OPERS within five years of beginning service, with limited exceptions for medical incapacity. The completed form must be retained by the public employer and a copy submitted to OPERS, with the employer's failure to retain the form potentially extending the individual's right to request a membership determination beyond the standard five-year period.

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Text version

Ohio Public Employees Retirement System 277 East Town Street, Columbus, Ohio 43215-4642

Employer Services: 1-888-400-0965 www.opers.org

INDEPENDENT CONTRACTOR/WORKER

ACKNOWLEDGMENT

PEDACKN (Revised 6/2017)

This form is to be completed if you are an individual who begins providing personal services to a public employer on or after Jan. 7, 2013 but are not considered by the public employer to be a public employee (e.g., you are an independent contractor) and will not have contributions made to OPERS. This form must be completed not later than 30 days after you begin providing personal services to the public employer.

STEP 2: Public Employer Information

Name of Public Employer for Which You Are Providing Personal Services

Employer Contact

First Name MI Last Name

Employer Code Employer Contact Phone Number

Service Provided to Public Employer

Start Date of Service End Date of Service

Month Day Year Month Day Year

(continued on back)

STEP 1: Personal Information

Social Security Number

Date of Birth Month Day Year

First Name MI Last Name

Name of Current Employer

I am an OPERS or other retirement system benefit recipient

STEP 3: Acknowledgment

The public employer identified in Step 2 has identified you as an independent contractor or another classification other than a public employee. Ohio law requires that you acknowledge in writing that you have been informed that the public employer identified in Step 2 has classified you as an independent contractor or another classification other than a public employee for the services described in Step 2 and that you have been advised that contributions to OPERS will not be made on your behalf for these services.

In accordance with Ohio Administrative Code section 145-1-42(A)(2), an independent contractor means an individual who:

• Is a party to a bilateral agreement which may be a written document, ordinance or resolution that defines the compensation, rights, obligations, benefits and responsibilities of both parties;

• Is paid a fee, retainer or other payment by contractual arrangement for particular services;

• Is not eligible for workers’ compensation or unemployment compensation;

• May not be eligible for employee fringe benefits such as vacation or sick leave;

• Does not appear on a public employer’s payroll;

• Is required to provide his own supplies and equipment, and provide and pay his assistants or replacements if necessary;

• Is not controlled or supervised by personnel of the public employer as to the manner of work; and

• Should receive an Internal Revenue Service form 1099 for income tax reporting purposes.

An independent contractor is not a public employee and shall not become a contributor to the retirement system. If you disagree with the public employer’s classification, you may contact OPERS to request a determination as to whether you are a public employee eligible for OPERS contributions for these services. Ohio law provides that a request for a determination must be made within five years after you begin providing personal services to the public employer, unless you are able to demonstrate through medical records to the Board’s satisfaction that at the time the five-year period ended, you were physically or mentally incapacitated and unable to request a determination. Under the OPERS Health Reimbursement Arrangement (HRA) and the OPERS Retiree Medical Account (RMA), re-employed retirees who are not independent contractors are not eligible for a monthly allowance or reimbursement of any medical expenses incurred during the re-employment period. If you are not an independent contractor and receive an allowance or reimbursements, you may be liable to OPERS and/or the applicable plan.

By signing this form, you are acknowledging that the public employer for whom you are providing personal services has informed you that you have been classified as an independent contractor or another classification other than a public employee and that no contributions will be remitted to OPERS for the personal services you provide to the public employer. If you entered into a contract to provide services as an independent contractor, you are acknowledging that you meet the requirements of an “independent contractor” as that term is defined in Ohio Administrative Code section 145-1-42(A)(2). If you begin to provide services as an independent contractor to the same employer from which you retired, or to any employer if less than two months after the retirement allowance commences, you are acknowledging the pension portion of your benefit will be forfeited during the period of the contract.

You are acknowledging that the annuity portion of your benefit will be suspended and will be paid in a lump sum upon termination of the contract, and you may be liable to the retirement system for any amounts incorrectly paid from the plan(s). You are also acknowledging that you are not eligible for a monthly allowance or reimbursement of medical expenses incurred during the period you are providing services under the OPERS HRA or the OPERS RMA, and you may be liable to OPERS and/or the applicable plan for any allowance or reimbursements received. This acknowledgment will remain valid as long as you continue to provide the same services to the same employer with no break in service regardless of whether the initial contract period is extended by any additional agreement of the parties. You also acknowledge that you understand you have the right to request a determination of your eligibility for OPERS membership if you disagree with the public employer’s classification. This form must be retained by the public employer and a copy sent to OPERS. The public employer’s failure to retain this acknowledgment may extend your right to request a determination beyond the five years referenced above.

Signature_______________________________________________________________________Today’s Date_________________ Do not print or type name

PEDACKN (Revised 6/2017)

File details come from the government source that posted it. Updated .