Legislation
SECTION 90
Payment of overtime compensation to public officers or employees
General Municipal (GMU) CHAPTER 24, ARTICLE 5
§ 90. Payment of overtime compensation to public officers or
employees. The governing board of each municipal corporation or other
civil division or political subdivision of the state, or in the city of
New York, the mayor, by ordinance, local law, resolution, order or rule,
may provide for the payment of overtime compensation to any or all
public officers except elective officers and those officers otherwise
excluded by law and to any or all public employees under their
jurisdiction at the regular basic pay rate of such officers or employees
for all time such officers or employees are required to work in excess
of their regularly established hours of employment or at such other rate
as such governing board, or in the city of New York, the mayor, may
authorize. The amounts received as overtime compensation under this
section 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. Such overtime compensation shall not
be regarded as salary or compensation for the purpose of determining the
right to any increase of salary or any salary increment on account of
length of service or otherwise. No such overtime compensation shall be
construed to constitute a promotion.
employees. The governing board of each municipal corporation or other
civil division or political subdivision of the state, or in the city of
New York, the mayor, by ordinance, local law, resolution, order or rule,
may provide for the payment of overtime compensation to any or all
public officers except elective officers and those officers otherwise
excluded by law and to any or all public employees under their
jurisdiction at the regular basic pay rate of such officers or employees
for all time such officers or employees are required to work in excess
of their regularly established hours of employment or at such other rate
as such governing board, or in the city of New York, the mayor, may
authorize. The amounts received as overtime compensation under this
section 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. Such overtime compensation shall not
be regarded as salary or compensation for the purpose of determining the
right to any increase of salary or any salary increment on account of
length of service or otherwise. No such overtime compensation shall be
construed to constitute a promotion.