N.Y. Comp. Codes R. & Regs. tit. 19 § 935.1

Current through Register Vol. 46, No. 51, December 18, 2024

Section 935.1 - Definitions

(a) Annual Compensation shall mean that basic annual salary that an individual receives to perform the duties of the position in which he or she serves. Payment of overtime, a one-time bonus, a performance award that does not become part of the basic annual salary, a lump sum payment for whatever purpose including retroactive payment for a salary increase, uniform or clothing allowance, tuition reimbursement or payment or similar one-time payment that does not become part of the individual's basic annual salary shall not be included in determining Annual Compensation.

(b) Appointing Authority shall mean that individual or body that has the authority by law, rule or regulation to appoint a person to a position, or that individual or body to whom such authority may be properly delegated by law, rule or regulation.

(c) Commission shall mean the New York State Joint Commission on Public Ethics.

(d) Employee shall mean a State officer or employee of a State Agency, as defined in subdivision (h) of this Section, who serves in a position that has not been designated policymaking pursuant to section 73-a of the Public Officers Law and who earns Annual Compensation in excess of the Filing Rate.

(e) Exemption shall mean a waiver from filing a Financial Disclosure Statement pursuant to section 73-a of the Public Officers Law.

(f) Filing Rate shall mean the job rate of SG-24 as set forth in section 130 (1) (a) of the Civil Service Law as of April 1 of the year in which an annual Financial Disclosure Statement shall be filed.

(g) Financial Disclosure Statement shall mean the annual statement that must be filed pursuant to section 73-a of the Public Officers Law.

(h) State Agency shall mean any State department, or division, board, commission, or bureau of any State department, any public benefit corporation, public authority or commission at least one of whose members is appointed by the Governor, or the State University of New York or the City University of New York, including all their constituent units except community colleges of the State University of New York and the independent institutions operating statutory or contract colleges on behalf of the State.

(i) Title shall mean the name of the position or job in which an Employee serves.

(j) Job Classification shall mean a series of Titles that may be included under one classification standard or may be part of a promotional series that may be considered for Exemption.

(k) Employee Organization shall mean an employee organization that is recognized or certified pursuant to section 204 of the Civil Service Law to represent public employees of a public employer.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 935.1

Amended New York State Register June 6, 2018/Volume XL, Issue 23, eff. 6/6/2018