AAC-24-15-00004-P Employer Reporting — Definition of Full Day Worked for Certain Employees Who Contract for Other Than a 5 Day Standard Work Week

6/17/15 N.Y. St. Reg. AAC-24-15-00004-P

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 24

June 17, 2015

RULE MAKING ACTIVITIES

DEPARTMENT OF AUDIT AND CONTROL

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. AAC-24-15-00004-P

Employer Reporting — Definition of Full Day Worked for Certain Employees Who Contract for Other Than a 5 Day Standard Work Week

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend section 315.3(b)(4) of Title 2 NYCRR.

Statutory authority:

Retirement and Social Security Law, sections 11, 34, 311 and 334

Subject:

Employer reporting — definition of full day worked for certain employees who contract for other than a 5 day standard work week.

Purpose:

To define full day worked for certain employees who contract for other than a 5 day standard work week.

Text of proposed rule:

Section 315.3(b)(4) is amended to read as follows:

(ii) A full day worked shall be any day on which the employee performs paid service for at least the standard number of hours required for the position in which such service is rendered. In no event shall less than six hours be considered to be a full day. For full time employees performing services pursuant to a collective bargaining agreement or contract that provides for other than a five day standard work week paid at straight time, an employer may report them at full time per their payroll cycle, provided the cumulative number of hours equal at least 120 hours a month. A full day worked for such employees shall be a minimum of six hours of accumulated time worked and paid at the straight time rate. The minimum number of hours which shall be reported as days worked, for the purpose of reporting preliminary credit, for a full year of service credit for such employees is 1,560 hours.

(vii) [In the case of an officer serving in an elective office, as to that office an employer may consider such factors as the official duties of the office, and the need to be available to the public, outside normal working hours, for the purpose of reporting days worked.

(viii) In establishing the number of days worked for elected/appointed officials, a record of their activities for a sample month is an acceptable alternative for the maintenance of an actual time record. If an employer adopts the sample month procedure, a sample month for each elected and/or appointed officer must be submitted to the governing board. The governing board shall review the sample month record submitted and establish the standard work day (minimum of six hours per day) for the position, and the number of days worked to be reported.

(ix)] A full day worked for employees of the New York State Legislature shall be a minimum of six hours of accumulated time worked and the total number of days worked by such employees for the purpose of employer reporting shall be determined based on the cumulative number of hours worked in a calendar year. The number of hours which shall be reported as days worked, for the purpose of reporting preliminary credit, for a full year of service credit for employees of the State Legislature is 1,560 hours.

Text of proposed rule and any required statements and analyses may be obtained from:

Jamie Elacqua, Office of the State Comptroller, 110 State Street, Albany, NY 12236, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

This is a consensus rulemaking proposed for the sole purpose of defining a full day worked for certain full time employees. This amendment relates to the definition of a full day worked for certain full time employees and it has been determined that no person is likely to object to the adoption of the rule as written.