Bill Text: NY S05247 | 2009-2010 | General Assembly | Introduced

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Bill Title: Does not include overtime compensation in pension computation earned after March 31, 2010.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO LOCAL GOVERNMENT [S05247 Detail]

Download: New_York-2009-S05247-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5247
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
         when printed to be committed to the Committee on Local Government
       AN ACT to amend the general municipal law,  the  retirement  and  social
         security  law  and the administrative code of the city of New York, in
         relation to not including overtime compensation in pension computation
         earned after March thirty-first, two thousand ten
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  90  of  the general municipal law, as amended by
    2  chapter 576 of the laws of 1964, is amended to read as follows:
    3    S 90. Payment of overtime compensation to public officers  or  employ-
    4  ees.    The governing board of each municipal corporation or other civil
    5  division or political subdivision of the state, or in the  city  of  New
    6  York, the mayor, by ordinance, local law, resolution, order or rule, may
    7  provide  for  the  payment of overtime compensation to any or all public
    8  officers except elective officers and those officers otherwise  excluded
    9  by  law  and  to any or all public employees under their jurisdiction at
   10  the regular basic pay rate of such officers or employees  for  all  time
   11  such officers or employees are required to work in excess of their regu-
   12  larly  established  hours  of  employment  or at such other rate as such
   13  governing board, or in the city of New York, the mayor,  may  authorize.
   14  [The  amounts received as overtime] OVERTIME compensation RECEIVED under
   15  this section, PRIOR TO APRIL FIRST, TWO THOUSAND TEN, shall be  regarded
   16  as  salary  or  compensation  for  any of the purposes of any pension or
   17  retirement system of which the officer or employee receiving the same is
   18  a member. Such overtime compensation shall not be regarded as salary  or
   19  compensation for the purpose of determining the right to any increase of
   20  salary or any salary increment on account of length of service or other-
   21  wise.  No  such overtime compensation shall be construed to constitute a
   22  promotion.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11241-02-9
       S. 5247                             2
    1    S 2.  Paragraph a of subdivision 2 of section 2 of the retirement  and
    2  social security law is amended to read as follows:
    3    a.  The salary or wages annually earnable by a member, including main-
    4  tenance, or any allowance in lieu thereof, received by  the  member  BUT
    5  NOT  INCLUDING  AMOUNTS  RECEIVED  AS  OVERTIME COMPENSATION ON OR AFTER
    6  APRIL FIRST, TWO THOUSAND TEN.
    7    S 3.  Paragraph a of subdivision 2 of section 302  of  the  retirement
    8  and  social  security law, as added by chapter 1000 of the laws of 1966,
    9  is amended to read as follows:
   10    a. The salary or wages annually earnable by a member, including  main-
   11  tenance,  or  any  allowance in lieu thereof, received by the member BUT
   12  NOT INCLUDING AMOUNTS RECEIVED AS  OVERTIME  COMPENSATION  ON  OR  AFTER
   13  APRIL FIRST, TWO THOUSAND TEN.
   14    S 4. Section 12-108 of the administrative code of the city of New York
   15  is amended to read as follows:
   16    S 12-108 Overtime work by officers or employees and additional compen-
   17  sation  therefor.  Notwithstanding  the provisions of any other statute,
   18  general, special or local, the mayor may authorize the head of any agen-
   19  cy to require any officer or employee in such agency  or  any  class  or
   20  group  of  officers or employees in such agency to work in excess of the
   21  maximum number of hours of employment prescribed  for  such  officer  or
   22  employee  or  class  or  group  of officers or employees by any statute,
   23  general, special or local, provided that each such officer  or  employee
   24  shall  be  paid overtime compensation for such work at not less than his
   25  or her regular basic pay rate. [The amounts received as overtime]  OVER-
   26  TIME  compensation  RECEIVED pursuant to the provisions of this section,
   27  PRIOR TO APRIL FIRST, TWO THOUSAND TEN, shall be regarded as  salary  or
   28  compensation  for  the  purposes  of any pension or retirement system of
   29  which the employee receiving such overtime  compensation  is  a  member.
   30  Such  overtime  compensation  shall not be regarded as salary or compen-
   31  sation for the purpose of determining the right to any increase of sala-
   32  ry or any salary increment on account of length of service or otherwise,
   33  nor shall the payment of such  overtime  compensation  be  construed  to
   34  constitute a promotion.
   35    S 5. This act shall take effect immediately.