Employer Tips for Determining SERS Membership

 

Determining Membership for Independent Contractors, Consultants, and Third-Party Contractors

It is up to the school district to request a Membership Determination when hiring an independent contractor, consultant or contract company to perform services.

Do not take a vendor’s claim that their workers are exempt from SERS membership. Always contact SERS directly to confirm the contract workers’ membership status.

The law places the risk of incorrect membership determination on the employer. This means if a membership question arises, and SERS determines the individual is an employee and should be contributing to SERS, you are responsible for the employer and employee contributions, plus interest.

For more details on membership, download the Employer Fact Sheet: Membership.

For membership determinations, Employer Services requires a copy of the job description and/or contract, and at times we will request the Membership Determination Form. This form is needed to help SERS understand the working relationship between the employer and hired contractor.

The district will complete Section I when entering into an agreement with an independent contractor or consultant.

Section II is to be completed when hiring a contract company to provide a service.