Current through all regulations passed and filed through September 16, 2024
(A) "648 board"
means a county or community mental health and developmental disability board
established pursuant to Am. H.B. 648 of the 107th General Assembly.
(1) A 648 board is a public employer as
defined in division (D) of section
145.01 of the Revised Code.
(2) An employee of a 648 board is
a public employee as defined in division (A) of section
145.01 of the Revised Code.
(B)
(1) "Contract agency" means an agency with
whom a 648 board contracts for services pursuant to section
340.03 of the Revised Code. A
"public contract agency" means any public agency as specifically named in
division (D) of section
145.01 of the Revised Code. A
"private contract agency" means one other than a public contract agency.
(2) The following are public
employees.
(a) An employee of a public
contract agency.
(b) An employee
of a private contract agency who was a member of public employees retirement
system at the time of his employment with the private contract agency and who
continues to perform the same or similar duties under the direction of the
private contract agency.
(3) Except as provided in paragraph (B)(2)(b)
of this rule, an employee of a private contract agency is not a public employee
and is not subject to retirement system coverage during their employment with
the private contract agency.
(C)
(1) On
or before September 30, 1975, each 648 board shall certify a list showing, as
of September 30, 1975, each of the following:
(a) All of its own employees;
(b) All employees of contract agencies who
qualify as public employees under paragraph (B) of this rule; and,
(c) All employees of contract agencies who
although members are not public employees as defined in paragraph (B) of this
rule.
(2)
(a) Employees who are certified as public
employees shall continue membership.
(b) Employees who are not certified by a 648
board as public employees shall receive refunds of unauthorized contributions
for their employment.
(c)
Employees who are not certified as public employees, but who have accounts from
other public employment may apply for a refund or may leave their funds on
deposit. A refund application shall be certified by the executive director of
the 648 board.
(D) All individuals employed by either a 648
board or a contract agency after September 30, 1975, who are public employees
as defined in paragraph (A) or (B) of this rule shall be certified as such by a
648 board by letter accompanying the report of deductions on which the first
deduction is reported.
(E) A 648
board shall report all deductions for its own employees and for employees of a
private contract agency who are defined in paragraph (B)(2)(b) of this rule.
Membership and employee and employer contributions begun must continue as long
as the employment continues. All members appearing on the report of retirement
contributions of a 648 board shall be deemed to be employees of that board.
Five Year Review (FYR) Dates:
09/29/2015 and
09/29/2020
Promulgated
Under: 111.15
Statutory
Authority: 145.09
Rule
Amplifies: 145.01,
145.03
Prior
Effective Dates: 8/20/75, 9/27/98, 1/1/03, 1/1/06,
1/1/10
