New York Codes, Rules and Regulations › Title 2 - DEPARTMENT OF AUDIT AND CONTROL › Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System › Part 315 - Employer Reporting › Section 315.4 - Additional reporting requirements for elected or appointed officials who work for a participating employer of the Retirement System and are required to be reported to the Retirement System

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Record of Work Activities.
(i) Except as
				otherwise provided in this subdivision, any elected or appointed official who
				is not paid hourly or does not participate in an employer's time keeping system
				that consists of a daily record of actual time worked and time charged to
				accruals, shall record his or her work activities for a period of three
				consecutive months. The elected or appointed official should extend the period
				of his or her record of work activities by the amount of time utilized for
				vacations, illness, holidays or other reasons during the three-month period.
				The record of work activities must represent months that are not unusually slow
				or busy. If a position is seasonal in nature, the record of work activities
				should be kept for an extended period of up to twelve months to capture an
				accurate account of work activities In recording the description of work
				activities, such elected or appointed official shall include the start and end
				time of each activity performed. The elected or appointed official may also
				include activities performed outside the normal working hours that require his
				or her attention to attend to official duties, including responding to an
				emergency, attending an employer sponsored event or meeting with or responding
				to members of the public on matters of official business . During a period that
				an elected or appointed official is required to be on-call, he or she may only
				record the time actually spent performing a work-related activity. The elected
				or appointed official may not include activities that would not be considered
				work-related such as attending electoral or campaign events, socializing after
				town board meetings or attending a candidates' forum.
The elected or appointed official's initial three-month
				  record of work activities shall be completed within 150 days of commencing a
				  new or subsequent term of office, or upon joining the Retirement System, on or
				  after August 12, 2009. The elected or appointed official must sign the record
				  of work activities attesting to its accuracy and submit it to the secretary or
				  clerk of the governing board within 30 days of completion. Each such record of
				  work activities and any subsequent recertification shall be retained by the
				  employer for a period of at least thirty years and full and complete copies
				  thereof shall be provided to the State Comptroller upon his or her request. A
				  record of work activities shall not be valid for more than eight years from the
				  date it was initially maintained. If the hours worked have not substantially or
				  materially increased or decreased during the eight year period, the elected or
				  appointed official may certify to such in writing to the governing board in
				  lieu of maintaining a new record of work activities. The elected or appointed
				  official must submit this certification to the governing board within 180 days
				  of taking a subsequent term of office. If the hours worked have substantially
				  increased or decreased during the eight year period, the elected and appointed
				  official must prepare, sign and submit a new record of
				  activities.
(ii) In the
				event the elected or appointed official or the employer determines the initial
				recording of work activities for a period of three consecutive months is not
				representative of the average number of hours worked by the elected or
				appointed official, he or she must record work activities during the same
				calendar year for an alternative period of three consecutive months which is
				representative of the average number of hours worked by such official. Such
				record of work activities shall be signed by such elected or appointed official
				and submitted to the secretary or clerk of the governing board within thirty
				days of the completion of the record.
The failure of an elected or appointed official to record,
				  sign and submit a record of work activities within the required time frame
				  shall result in the suspension of service crediting and Retirement System
				  membership benefits. The suspension of service crediting will remain in effect
				  until such time as the elected or appointed official completes a record of work
				  activities that complies with the requirements of this regulation and submits
				  it to the secretary or clerk of the governing board. The record of work
				  activities must be submitted to the secretary or clerk prior to the elected or
				  appointed official ending service in that title.