Bill Text: NY S06536 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to including mandatory overtime in a member's final average salary or wages.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2016-01-22 - REFERRED TO CIVIL SERVICE AND PENSIONS [S06536 Detail]

Download: New_York-2015-S06536-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6536
                    IN SENATE
                                    January 22, 2016
                                       ___________
        Introduced  by  Sen.  AVELLA -- 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
          including  mandatory  overtime  in  a member's final average salary or
          wages
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 1203 of the retirement and social security law, as
     2  added by section 1 of part A of chapter 504 of  the  laws  of  2009,  is
     3  amended to read as follows:
     4    §  1203. Overtime. A member's final average salary shall be calculated
     5  in accordance with such provisions of article eight or article eleven of
     6  this chapter as govern the member's benefits, except that earnings clas-
     7  sified as overtime compensation  in  an  amount  in  excess  of  fifteen
     8  percent  of  a  member's annual wages not classified as overtime compen-
     9  sation shall be excluded from such calculation, provided,  however,  any
    10  overtime  earned  which is mandatory overtime, as defined by section two
    11  of this chapter, shall not be excluded.   "Overtime compensation"  shall
    12  mean,  for  purposes of this section, compensation paid under any law or
    13  policy under which employees are paid at a rate greater than their stan-
    14  dard rate for additional hours worked beyond those  required,  including
    15  compensation  paid  under  section  one hundred thirty-four of the civil
    16  service law and section ninety of the general municipal law.
    17    § 2. Subdivision 24 of section 501 of the retirement and social  secu-
    18  rity  law,  as  amended by chapter 18 of the laws of 2012, is amended to
    19  read as follows:
    20    24. "Wages" shall mean regular compensation earned by and  paid  to  a
    21  member  by a public employer, except that for members who first join the
    22  state and local employees' retirement system on or after January  first,
    23  two  thousand  ten,  overtime compensation paid in any year in excess of
    24  the overtime ceiling, as defined  by  this  subdivision,  shall  not  be
    25  included  in  the definition of wages, provided, however, that any over-
    26  time compensation earned which is  mandatory  overtime,  as  defined  by
    27  section  two  of  this  chapter,  shall be included in the definition of
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08013-02-6