Assembly Bill A6574

2023-2024 Legislative Session

Relates to the limitation of overtime compensation in final average salary calculations

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A6574 - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §1203, R & SS L
Versions Introduced in 2021-2022 Legislative Session:
A7370

2023-A6574 - Summary

Increases the limitation of overtime compensation in final average salary calculations from fifteen percent to thirty percent.

2023-A6574 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6574
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 19, 2023
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the retirement and social security law, in  relation  to
   the limitation of overtime compensation in final average salary calcu-
   lations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, 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.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill would increase the allowable overtime compensation included
 in the final average salary calculation to  30  percent  of  a  member's
 annual  wages  for  Tier  5 and Tier 6 members in the New York State and
 Local Police and  Fire  Retirement  System.  The  current  limit  is  15
 percent.
   Insofar  as  this bill affects the New York State and Local Police and
 Fire Retirement System (NYSLPFRS), increased costs would  be  shared  by
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08426-02-3
              

co-Sponsors

2023-A6574A (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Retirement and Social Security Law
Laws Affected:
Amd §1203, R & SS L
Versions Introduced in 2021-2022 Legislative Session:
A7370

2023-A6574A (ACTIVE) - Summary

Increases the limitation of overtime compensation in final average salary calculations from fifteen percent to thirty percent.

2023-A6574A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6574--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 19, 2023
                                ___________
 
 Introduced  by  M. of A. PHEFFER AMATO, LUPARDO, PAULIN, BURDICK, STECK,
   LUNSFORD, DICKENS, WALLACE, SLATER -- read once and  referred  to  the
   Committee on Governmental Employees -- recommitted to the Committee on
   Governmental  Employees  in accordance with Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to amend the retirement and social security law, in relation to
   the limitation of overtime compensation in final average salary calcu-
   lations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, 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.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This bill would increase the allowable overtime compensation  included
 in  the  final  average  salary  calculation to 30 percent of a member's
 annual wages for Tier 5 and Tier 6 members in the  New  York  State  and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08426-03-4
              

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