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December 28, 2011

Independent contractor denied retirement system credit


Independent contractor denied retirement system credit
Senapole v. Field, 88 A.D.2d 1012

The Town of Colonie designated a person to serve as “clerk of the works” for a Town building project. When he was denied retirement credit (he was a member of the Employees Retirement System in connection with previous State employment) he sued the Town.

The Appellate Division held that as the “owner’s representative” Senapole served as an independent contractor and therefore he was not an employee of the Town.

Noting that Senapole had no superior who supervised his work, reported to the Town Supervisor regarding the progress of the project, and that he was not on the Town’s payroll (Senapole was paid by “voucher”), the Court concluded that he was not an employee for the purposes of the Retirement and Social Security Law. 

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