2006 Ohio Revised Code - [3309.01.1] 3309.011.Persons excluded from definition of "employee".

[§ 3309.01.1] § 3309.011. Persons excluded from definition of "employee".
 

"Employee" as defined in division (B) of section 3309.01 of the Revised Code, does not include either of the following: 

(A) Any person having a license issued pursuant to sections 3319.22 to 3319.31 of the Revised Code and employed in a public school in this state in an educational position, as determined by the state board of education, under programs provided for by federal acts or regulations and financed in whole or in part from federal funds, but for which no licensure requirements for the position can be made under the provisions of such federal acts or regulations; 

(B) Any person who participates in an alternative retirement plan established under Chapter 3305. of the Revised Code; 

(C) Any person who elects to transfer from the school employees retirement system to the public employees retirement system under section 3309.312 [3309.31.2] of the Revised Code; 

(D) Any person whose full-time employment by the university of Akron as a state university law enforcement officer pursuant to section 3345.04 of the Revised Code commences on or after the effective date of this amendment. 
 

HISTORY: 132 v H 144 (Eff 11-24-67); 133 v H 1 (Eff 3-18-69); 146 v S 230 (Eff 10-29-96); 146 v H 586 (Eff 3-31-97); 147 v H 648. Eff 9-16-98.
 

The provisions of § 6 of HB 648 (147 v  - ) read in part as follows: 

SECTION 6. * * * Section 3309.011 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 586 and Am. Sub. S.B. 230 of the 121st General Assembly, with the new language of neither of the acts shown in capital letters. * * * This is in recognition of the principle stated in division (B) of section 1.52 of the Revised Code that such amendments are to be harmonized where not substantively irreconcilable and constitutes a legislative finding that such is the resulting version in effect prior to the effective date of this act. 

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