September 29, 2008
Tightening pension rules for local elected officials
Full- or part-time? That question may determine whether local elected officials have earned enough credits to qualify for a guaranteed public pension. While requiring more documentation, State Comptroller Thomas DiNapoli's new pension eligibility rules still allow county legislatures, city councils, and town boards to come up with the final answer.
On Thursday. DiNapoli announced new regulations dealing with reporting pension credits for both elected and appointed local officials. For pension purposes, an official must work at least 6 hours a day to qualify for full-time service credit. This provision already existed. For background, see blog item (here) .
Under the new regulations, the governing board must pass a resolution designating a job full or part-time. The resolution must be posted on a municipality's web site for 30 days. The local official also must keep a journal of his or her work activities for three consecutive months. The official
...may consider factors that require his or her attention outside the normal working hours for the purpose of actually attending 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. So does attending a funeral, Eagle Scout ceremony, or chatting with a constituent at the supermarket fall into the category of "responding to members of the public on matters of official business"?
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