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Who cares
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Sponsors
2 Co-sponsors
History
- Referred to civil service and pensions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to including mandatory overtime in a member's final average salary or wages
In Assembly Committee · Governmental Employees · Sponsor Peter Abbate
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the retirement and social security law, in relation to including mandatory overtime in a member's final average salary or wages
Purpose or general idea of bill
The purpose of the bill is to correct and define the Tier V and Tier VI pension provisions in relation to including mandatory overtime pay in a member's final average salary calculation.
Summary of provisions
This bill would amend the retirement and social security law as added by Section 1 of part A of chapter 504 of the laws of 2009 and subdivision 24 of section 501, as amended by chapter 18 of the laws of 2012, to provide that members of the Tier V and VI public retirement system are entitled to include mandatory overtime pay in their final average salary calculation.
Justification
Recent Tier V legislation limited new employees' pensionable overtime pay to fifteen thousand dollars or 15% of a member's base salary, depending on position and current pension plan, and Tier VI legislation completely excluded all overtime pay from being included in their final average salary calculation. The intent of these pension reforms was to limit employees in their final years of service from excessively working overtime in order to achieve an inflated pension benefit upon retirement. However, there are some classes of public employees that are mandated to work overtime such as a snow plow operator that works 12 a day several days a week due to a snow emergency, or a police officer or other first responder that must work due to a natural or manmade disaster. In fact, some employees who refuse to work the mandated overtime can face termination or disciplinary action. This bill will acknowledge the service of Tier V and VI public employees by including that any and all mandatory overtime earnings must be included in a member's final average salary calculation.
Prior legislative history
2015-16: A4337 Referred to Government Employees; 2014: A9213 Referred to Government Employees.
Fiscal implications for state and local governments
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.