Independent Contractor-Worker Acknowledgement Form (PEDACKN).pdf

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Attached to
Grammarly Licenses State and local contract opportunity
Solicitation number
SRC0000038031
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 the Ohio Department of Natural Resources (ODNR) and other 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. The acknowledgement must be executed no later than 30 days after the individual begins providing services. The form requires completion of three sections: personal information including the contractor's Social Security number and date of birth; public employer information including the employer name, contact details, employer code, service description, and service start and end dates; and an acknowledgement section where the contractor confirms their independent contractor classification and understands they will not receive OPERS contributions.

The acknowledgement form details the statutory definition of an independent contractor under Ohio Administrative Code section 145-1-42(A)(2), which includes eight specific criteria such as having a bilateral agreement defining compensation and responsibilities, being paid by contractual arrangement, not being eligible for workers' compensation or unemployment compensation, providing their own supplies and equipment, not appearing on the employer's payroll, and receiving IRS Form 1099 for tax reporting. Contractors have the right to request a determination from OPERS regarding their employment classification within five years of beginning service, with limited exceptions for those physically or mentally incapacitated. The form also notifies contractors that re-employed retirees classified as independent contractors are ineligible for OPERS Health Reimbursement Arrangement (HRA) or Retiree Medical Account (RMA) benefits, and that providing services as an independent contractor to a former employer within two months of retirement will result in forfeiture of the pension portion and suspension of the annuity portion of their benefit. The completed form must be retained by the public employer and a copy sent to OPERS.

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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 .