Members Retirees Employers
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Determinations of Membership

Where any question exists as to whether an individual is an employee who is required to contribute to SERS, you should request a determination from SERS. This request should include complete information about the employment relationship including the following:

If necessary, SERS will request additional information to make a determination.

Upon review of all the information, SERS’ staff will make a membership determination.

If an employer, or the individual whose position is at issue, questions the initial determination, you may submit any additional documentation for review, and the SERS staff will make a final membership determination.

After the final determination, an appeal may be taken to the SERS Retirement Board. The Board is responsible for a final determination of the individual’s employee status, and all decisions made by the Board are final.

In a case where an individual is determined to be an employee subject to membership in SERS and the services have already been provided, the employer will have 30 days to certify all earnings paid to the individual on the Certification of Salary for Non-Contributing Service Form (35.2). Failure to certify the requested earnings will result in a charge to the employer for employee and employer contributions and interest based on estimated figures.

Once the cost has been calculated and submitted, you have 30 days to send payment. If the payment is not received by SERS within 30 days of the notification, a charge will be made for collection through the Foundation Program or by direct billing.