19) “Independent contractor means an individual or business entity that is not subject to the direction and control of the employing entity as determined in accordance with OAR 459-010-0032. (20) “Judge member” has the same meaning as provided in 238.500(3). For purposes of this chapter, active, inactive, and retired membership of a judge member shall have the same meaning as ORS 238.005(12)(b), (c), and (d), respectively. (21) “Legislator” means an individual elected or appointed to the Oregon Legislative Assembly who has elected to participate in PERS pursuant to ORS 238.015(5) as a member of the Oregon Legislative Assembly as provided in ORS 238.068. (22) “Member cost” means after-tax member contributions and payments made by or on behalf of a member to purchase additional benefits.