Independent Contractor-Worker Acknowledgement Form (PEDACKN).pdf

PDF 155 KB Posted

Attached to
DRC260143 LONDON CORRECTIONAL/MADISON CORRECTIONAL EMERGENCY MEDICAL SERVICES
Solicitation number
SRC0000038255
Issued by
Mahoning County, 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. The form requires completion within 30 days of the service start date and documents the public employer's classification decision, the nature of services provided, compensation arrangements, and the start and end dates of service. The form applies to independent contractors engaged by state and local entities, including correctional institutions such as London Correctional and Madison Correctional Institutions.

The form serves as a written acknowledgment that the contractor has been informed of their independent contractor classification and that no contributions will be made to OPERS on their behalf. Key provisions address the legal definition of independent contractor status under Ohio Administrative Code section 145-1-42(A)(2), which specifies that contractors must operate under bilateral agreements, receive fee-based compensation, maintain their own supplies and equipment, operate independently without employer supervision, and receive IRS Form 1099 reporting. The form explicitly warns contractors, particularly OPERS retirees, of significant consequences including forfeiture of pension benefits if providing services to their former employer within two months of retirement, suspension of annuity payments, and ineligibility for health reimbursement arrangements. Contractors retain the right to request an OPERS determination of employee status within five years of service commencement if they dispute the independent contractor classification. The form must be retained by the public employer and a copy provided to OPERS.

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File Type Posted
SCOPE OF WORK AMBULANCE SERVICE.docx DOCX document
Affirmation_and_Disclosure_Form.docx DOCX document
Standard_T_C_3-31-25.pdf PDF

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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 .