Ohio Administrative Code|Rule 3309-1-11 | Membership determinations.

                                                
(A) A request for a determination as to
		  whether an individual or a group of individuals are required to be members of
		  the school employees retirement system may be initiated by an employer, an
		  affected individual, or the retirement system.
(1) An employer or
			 individual who has a question as to membership requirements shall request in
			 writing a determination by the retirement system. Such determination shall be
			 made as provided in rule 3309-1-03 of the Administrative Code.
(2) When a membership
			 determination has been initiated, the employer and any affected individual or
			 individuals shall furnish such documents and information requested by the
			 retirement system.
(B) If contributions have not been
		  remitted and the retirement system determines the individual is covered by this
		  system, the employer shall be liable for employee and employer compulsory
		  contributions pursuant to rule 3309-1-13 of the Administrative Code. If no
		  membership record and/or contributions are received by the system within thirty
		  days of the determination, a charge, based on an estimated salary for such
		  individuals position, against the employer shall be made for collection
		  through the state school foundation program if available or by direct
		  billing.
(C) If contributions have been remitted
		  and the retirement system determines the individual is not covered by this
		  system, any contributions received shall be unauthorized and shall be
		  refunded.
(D)  
(1) The definition of "employee" in division
			 (B)(2) of section 3309.01 of the Revised Code does not include a person who
			 holds a position for which the person is required to have a certificate or
			 license issued pursuant to sections 3319.22 to 3319.31 of the Revised
			 Code.
(2) The retirement board has determined that the phrase
			 "service common to the normal daily operation of an educational unit"
			 as used in division (B)(2) of section 3309.01 of the Revised Code
			 means:
(a) Any service required to be provided by an educational
				unit or the provision of which is governed by law, statute, or rule;
				or
(b) Any service necessary on a regular continuous basis to
				the efficient operation of an educational unit; or
(c) Any service which, through custom and usage, has become
				a service commonly provided or procured by an educational unit on a regular
				continuous basis.