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Office of the New York State Comptroller’s Seal

NYS Comptroller

Thomas P. DiNapoli

Reporting Elected and Appointed Officials

About the Regulation

  1. How did the August 2015 revisions to regulation 315.4 change the way employers report elected and appointed officials?
  2. Should elected or appointed officials, who are not paid, be reported on the Standard Work Day and Reporting Resolution (Resolution)?
  3. My part-time official works 4 hours a day. Is there a minimum standard work day?
  4. Can there be different standard work days for different officials?
  5. Are members of the New York State Legislature subject to the same reporting requirements as other elected officials, such as county clerks, sheriffs, district attorneys and town officials?
  6. What if I don’t have any elected or appointed officials to report?
  7. What is an “appointed official?”
 
  1. How did the August 2015 revisions to regulation 315.4 change the way employers report elected and appointed officials?

    The regulation now more clearly defines the process of reporting elected and appointed officials, establishes additional requirements for both officials and governing bodies and creates specific time frames within which requirements must be accomplished. To find out how the requirements compare to the previous ones, see Regulation Changes Reporting Requirements.

  2. Should elected or appointed officials, who are not paid, be reported on the Standard Work Day and Reporting Resolution (Resolution)?

    No. The requirements only apply to elected and appointed officials who are members of NYSLRS in paid status. For example, if a NYSLRS member serves as an unpaid board member, that individual should not be reported on the Resolution for that position.

  3. My part-time official works four hours a day. Is there a minimum standard work day?

    Yes. For Tier 2, 3, 4, 5 and 6 members, the minimum number of hours in a standard work day is six, while the maximum is eight.

  4. Can there be different standard work days for different officials?

    Yes. You can establish several standard work days for different positions. You can also establish several standard work days for the same title, depending on the job duties.

  5. Are members of the New York State Legislature subject to the same reporting requirements as other elected officials, such as county clerks, sheriffs, district attorneys and town officials?

    No. The regulation sets additional reporting requirements for elected or appointed officials of a ‘participating employer.’ As defined by the Retirement and Social Security Law, a participating employer is any municipality, library, or public or quasi-public organization participating in NYSLRS.

  6. What if I don’t have any elected or appointed officials to report?

    Please email our Pension Integrity Bureau at your earliest convenience.

  7. What is an “appointed official?”

    For the purposes of the regulation, an “appointed official” is someone who is appointed by an elected official or governing board, holds an office (function or mandate) in an organization or government and participates in the exercise of authority (either their own or that of their superior and/or employer). This also includes appointees of elected officials such as deputies, assistants or confidential secretaries.

    For example, if an elected official appoints a Chief Financial Officer, the Chief Financial Officer should be listed on the resolution as an appointed official. In addition, the Chief Financial Officer’s appointee, such as a Deputy Chief Financial Officer, should also be listed on the Resolution as an appointed official. However, individuals who are competitively appointed under the rules of the Civil Service system should not be considered appointed officials for the purposes of this regulation.

Rev. 9/18

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