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Attendance reporting requirements for elected and appointed officials of a participating employer in the State?s Retirement System

Attendance reporting requirements for elected and appointed officials of a participating employer in the State?s Retirement System
Department of Audit and Control, I.D. No. AAC-42-08-00002-RP [No hearing scheduled]

As a result of the Department of Audit and Controls?s assessment of public comment received concerning its proposed regulation, renumbering section 315.4 as 315.5 and adding a new section 315.4 [see the October 16 issue of the State Register, I.D. No.AAC-42-08-00002] a number of changes have been incorporated into the original proposal. The changes reported are:

1. Reporting to the Retirement System was streamlined by eliminating a separate ??standard work day resolution?? and the requirement that it be passed at the first re-organizational meeting of the participating employer.

2. The ??standard work day resolution?? is combined with the ??reporting resolution,?? and its passage is required within 180 days of the beginning of the officials' terms of office. This single resolution will include 1) the standard work day for each office, 2) the expiration of the term of office, 3) an assertion that the local officials have submitted a log of work activities for three months (or that the employer maintains daily time records) and 4) the maximum total number of days per month to be reported for each elected or appointed official.

3. Allows an opportunity for local officials to keep logs for an additional three month period in the same calendar year if the first three months was not representative, provides a mechanism for amending the original standard work day and reporting resolution, and for amending the reporting of service credit to the Retirement System.

4. Allows local officials who have already completed a three month log and are re-elected or re-appointed to a new term to certify that their work activities have not materially changed, so they don't have to fill out a new log. The new language puts an eight-year limit on the validity of the original log.

As ?substantial revisions were made in section 315.4(a), (b), (c), interested parties may wish to review the text of Text of revised proposed rule. Copies may be obtained from Jamie Elacqua - Legislative Counsel, Office of the State Comptroller, 110 State Street, Albany, NY 12236, (518) 474-9024, email: JElacqua@osc.state.ny.us

Data, views or arguments may be submitted to JElacqua@osc.state.ny.us and will be received until 30 days from May 27, 2009, the date of publication in the State Register.

Full post as published by New York Public Personnel Law on June 01, 2009 (boomark / email).