1. Our judges are on call every third weekend. Can they claim all of that time because they cannot do other things?
2. What do I do if an elected or appointed official refuses to submit an ROA? It’s been more than 180 days since the official took office, and I still haven’t received the official’s record of activities.
3. What if an official takes a two-week vacation during the time period he or she is keeping a record of work-related activities?
4. What happens if someone is appointed mid-term as a replacement?
5. Most of our employees who are appointed officials already keep records showing their actual hours worked. Would they still be required to complete an ROA?
6. One of our appointed officials does not have a term of office. Can I leave the current term begin and end date column blank on the Resolution?
7. One of our elected town assessors, who also has a full-time job with another public employer, already receives full-time service credit from that employer. I report four days of credit each month for this individual. Does she need to prepare and submit an ROA to me since she’s already receiving full-time credit?
8. How do I establish a standard work day for an official who participates in a time-keeping system?
9. Is travel time considered appropriate or inappropriate for an elected official’s ROA?
10. Our tax collector works more hours from January through April than she does for the rest of the calendar year. What months should she use to complete her ROA?

1. Our judges are on call every third weekend. Can they claim all of that time because they cannot do other things?

   No. On call time is not to be included on the ROA. They may only record the time actually spent performing a work-related activity.

2. What do I do if an elected or appointed official refuses to submit an ROA? It’s been more than 180 days since the official took office, and I still haven’t received the official’s record of activities.

   Employers should inform NYSLRS which officials have not submitted an ROA by either checking the “Not Submitted” checkbox on Standard Work Day and Reporting Resolution for Elected and Appointed Officials form (RS2417-A), or by sending us a letter with the official’s name, registration number and term of office. Once notified, NYSLRS will write to the official, (and send a copy to the employer), informing him or her of the requirement to submit an ROA and the consequences of not submitting.

   Continued refusal to submit an ROA will result in the suspension of membership benefits including estimates, tier reinstatements and requests for previous service credit. Since retirement credit can only be given for actual time worked, service credit accrued during the time for which there is no ROA would be excluded from the individual’s pension benefit calculation.

   Note: if an ROA is not submitted, there should be no days listed in the Days/Month (based on Record of Activities) column.

3. What if an official takes a two-week vacation during the time period he or she is keeping a record of work-related activities?

   The official should extend the period of his or her ROA by the amount of time used for vacations, illness, holidays or other reasons during the three-month period so that a full three months of active working days are reflected on the ROA.

4. What happens if someone is appointed mid-term as a replacement?

   That person should complete a record of activities for three-consecutive months within 150 days of taking office. The employer must then adopt a Standard Workday and Reporting Resolution within 30 days of submission of the ROA.

5. Most of our employees who are appointed officials already keep records showing their actual hours worked. Would they still be required to complete an ROA?

   No. Since these appointed officials already keep records showing their actual hours worked, they would not be required to keep a separate ROA; however, an average of a three-month time period should be listed on the resolution and used for reporting purposes.

6. One of our appointed officials does not have a term of office. Can I leave the current term begin and end date column blank on the Resolution?

   No. All officials listed on the Resolution must have a specified “Term End Date.” If the official does not have a designated term, use the current term of the official who appointed them to the position. If they are appointed by the governing board, use the begin and end dates of the chair of the board’s term.

7. One of our elected town assessors, who also has a full-time job with another public employer, already receives full-time service credit from that employer. I report four days of credit each month for this individual. Does she need to prepare and submit an ROA to me since she’s already receiving full-time credit?

   Yes. Even though the elected assessor has a full-time job with another public employer where she already receives full-time service credit, she is still required to prepare and submit the three-month ROA for employment with your town.

8. How do I establish a standard work day for an official who participates in a time-keeping system?

   The governing board can establish a standard work day for the position by board resolution or by completing the Standard Work Day Resolution for Employees (RS2418). The standard work day cannot be less than six hours or more than eight. For more information, visit our Establishing the Standard Work Day page.

9. Is travel time considered appropriate or inappropriate for an elected official’s ROA?

   That depends. If the elected official is traveling from his/her official work place or home to a meeting in another location, those hours can appropriately be counted as time worked. If, however, the elected official is traveling from his/her home to and from the official work place, those hours cannot be counted.

10. Our tax collector works more hours from January through April than she does for the rest of the calendar year. What months should she use to complete her ROA?

    If an employee, like a tax collector, works all year round but has a busier season, he or she should keep an extended ROA. It can be up to a full year, or the ROA can, for example, cover two months during the busy season and two months of the less-busy season to get an accurate average.

Rev. 5/22

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