Request By:
Mr. David W. Edwards, Executive Secretary
Kentucky Public Employes Deferred Compensation System
Executive Department for Finance and Administration
Frankfort, Kentucky
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: H. N. McTyeire, Assistant Attorney General
To begin with, the statutory definition of "employe" is found in KRS 18.510(1), which is as follows:
"'Employe' means a person holding an office, position or employment in state government and agencies thereof and also includes persons in the public school system."
You have asked us for an opinion as to whether persons holding personal service contracts are eligible to participate in the Kentucky Public Employes Deferred Compensation Program. We are unable to give you a general rule because each case must be decided on the facts involved.
In Ratliff v. Redmon, Ky., 396 S.W.2d 320, 324-325 (1965), various factors which are to be taken into consideration are listed as follows:
1. Extent of control by the master over the details of the work;
2. Whether the one employed is engaged in a distinct occupation or business;
3. Kind of occupation -- whether the work is done under the direction of the employer or by a specialist without supervision;
4. Skill required in the particular occupation;
5. Whether employer or worker supplies instrumentalities, tools, and place of work for the person doing the work;
6. Length of time for which the person is employed;
7. Method of payment, by the time or by the job;
8. Whether the work is part of the employer's regular business;
9. Whether the parties believe they are creating the relationship of master and servant.
No one of the above circumstances would necessarily create an employer-employee relationship and, as indicated above, we would be required to have a complete statement as to the particular contract involved.