Skip to Content

Elected and Appointed Officials

About the Regulation

  1. How does new regulation 315.4 change the way employers report elected and appointed officials?
  2. Do elected or appointed officials who are not members of the Retirement System have to follow the new regulation?
  3. Should elected or appointed officials who are not paid be reported on the Resolution?
  4. Each employee title has to have a standard work day established for that position. Can the governing board establish a 7 hour standard work day for the position of town clerk?
  5. Can there be different standard work days for different officials?
  6. 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?
  7. What if I don’t have any elected or appointed official to report?
  8. What is an “appointed official?”
 
  1. How does regulation 315.4 change the way employers report elected and appointed officials?

    The regulation 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. Do elected or appointed officials who are not members of the Retirement System have to follow the regulation requirements?

    No. The requirements only apply to paid elected and appointed officials who are in Tiers 2 through 6.

  3. Should elected or appointed officials who are not paid be reported on the Resolution?

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

  4. Each employee title has to have a standard work day established for that position. Can the governing board establish a seven hour standard work day for the position of town clerk?

    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.

  5. 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.

  6. 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 the Retirement System.

  7. What if I don’t have any elected or appointed official to report?

    Please email our Employer Participation and Education Unit at your earliest convenience.

  8. 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.