What's happening
This bill raises the cap on overtime compensation included in public employees' final average salary calculations from 15% to 30%.
Why it matters
Increases potential pension benefits for public employees. By allowing a higher percentage of overtime to count toward final average salary, this bill could significantly boost retirements for workers who regularly earn overtime, especially in fields like law enforcement, firefighting, and healthcare.
Potential impact on public payroll costs. Since pensions are often calculated based on final average salary, raising the overtime cap could result in higher long-term costs for state and local governments, potentially affecting budgets and future hiring.
May influence employee work patterns and management practices. With more overtime now counting toward pension calculations, employees may seek additional overtime opportunities, and employers might need to reconsider how they allocate overtime to manage pension liabilities.
Addresses fairness and recruitment concerns. The change could be seen as making public employment more attractive and equitable for those whose job duties require frequent overtime, potentially aiding recruitment and retention in critical but demanding public sector jobs.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Retirement system members subject to section 1203
The bill would raise the overtime limit used in final average salary calculations from 15% to 30% of annual non-overtime wages, allowing more overtime earnings to count toward pensions.
Public employee unions
Unions representing affected members would have an interest in the bill’s expansion of pension-creditable overtime earnings.
Public retirement system administrators
Administrators handling affected benefits would need to apply the higher overtime limit when calculating final average salaries once the bill takes effect.
Headline styles
Limit Overtime in Pension Calculations
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to civil service and pensions
- Referred to civil service and pensions
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6133
2019-2020 Regular Sessions
IN SENATE
May 16, 2019
Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the retirement and social security law, in relation to the limitation of overtime compensation in final average salary calculations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 1203 of the retirement and social security law, as added by section 1 of part A of chapter 504 of the laws of 2009, is amended to read as follows:
§ 1203. Overtime. A member's final average salary shall be calculated in accordance with such provisions of article eight or article eleven of this chapter as govern the member's benefits including overtime, except that earnings classified as overtime compensation in an amount in excess of [fifteen] thirty percent of a member's annual wages not classified as overtime compensation shall be excluded from such calculation. "Overtime compensation" shall mean, for purposes of this section, compensation paid under any law or policy under which employees are paid at a rate greater than their standard rate for additional hours worked beyond those required, including compensation paid under section one hundred thirty-four of the civil service law and section ninety of the general municipal law.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11906-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the retirement and social security law, in relation to the limitation of overtime compensation in final average salary calculations
PURPOSE OR GENERAL IDEA OF BILL:,:
To change the cap on overtime used in the calculation of final average salary of members of the NYS Police and Fire Retirement System from 15% to 30%.
Summary of provisions
Section 1 amends section 1203 of the Retirement and Social Security Law to lift the cap on overtime used in the calculation of final average salary from 15% to 30%.
Justification
Police officers and firefighters have a very unique and dangerous profession. They face some of the most stressful situations every day and are often ordered to work overtime for the safety of the residents they are sworn to protect. This time should be treated the same by the retirement system as regularly worked hours with respect to pension benefits. The work is no less stressful or dangerous whether it is during straight time or overtime. Furthermore, due to the nature of police and fire officers' jobs, they are often ordered to remain on the job and are not at liberty to leave of their own accord.
Prior legislative history
New bill.
Fiscal implications
TBD
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.