New York State Local Retirement System's Standard Work Day Resolution for Employees

New York State Retirement and Social Security Law §167-a requires that a standard work day resolution (1) specify the standard work day for each title or position, (2) be adopted by the governing board, and (3) be posted in a conspicuous location and on the municipality's website for at least 30 days before submission to the New York State and Local Retirement System. The resolution text was not included in the submitted materials, so it is not possible to confirm that all required elements are present. Counsel and staff should verify the resolution recites required position titles, standard work day hours, and the posting/notification requirements. Consider also whether the resolution addresses all employee tiers (full-time, part-time, elected, appointed) as required by NYSLRS guidance.

GML §90 provides that overtime compensation 'shall be regarded as salary or compensation for any of the purposes of any pension or retirement system of which the officer or employee receiving the same is a member, except as set forth in sections five hundred one, six hundred one, and twelve hundred three of the retirement and social security law.' Because the standard work day resolution directly affects how days are credited for NYSLRS reporting, the Board may wish to confirm that existing overtime policies are consistent with the newly adopted standard work day, and that any discrepancy between actual hours worked and the standard work day is being properly reported to NYSLRS. This is a documentation and consistency check rather than a legal defect.

OSC's 'Practice of Internal Controls' guide (Section 6, Payroll) cautions that payroll internal controls should ensure that time and attendance records accurately reflect hours worked and that payroll disbursements align with approved pay rates and schedules. A standard work day resolution creates the baseline against which NYSLRS calculates service credit; if actual time-keeping systems do not accurately capture days worked relative to the adopted standard, erroneous service credit reporting could result. The Board may wish to confirm that time-and-attendance procedures are calibrated to the adopted standard work day for all covered employees. This is a best-practice consideration rather than a defect in the resolution itself.

NYSLRS guidance and the applicable provisions of the Retirement and Social Security Law generally require that a standard work day resolution be posted conspicuously and, for many municipalities, on the official website for a minimum period before it is considered effective for retirement reporting. The metadata provided does not indicate whether pre-adoption posting occurred or how long the resolution was posted before the April 14, 2025 vote. Staff should confirm the posting record and retain documentation of the posting period in the resolution file to support any future NYSLRS audit. This is a record-keeping concern rather than a substantive defect, provided the posting requirement was in fact satisfied.

Village Law §4-414 requires that actions of the Board be taken by a majority of the full board, and a complete minute record should reflect the number of trustees present, that a quorum existed, and the numerical tally of the vote (e.g., 4-0 rather than simply 'unanimous'). While 'unanimous' implies no dissent, the absence of a numerical tally leaves the record ambiguous as to the number of trustees who voted. For a routine but ongoing-effect resolution with NYSLRS compliance implications, a complete vote tally is a best-practice record-keeping measure.