NY State Senate Bill 2009-S4569

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to civil service and pensions
Apr 24, 2009	referred to civil service and pensions

2009-S4569 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: General Municipal Law
Laws Affected:: Amd §90, Gen Muni L; amd §§2 & 302, R & SS L; amd §12-108, NYC Ad Cd

2009-S4569 (ACTIVE) - Summary

Does not allow overtime in pension computation for persons hired after January 1, 2010.

2009-S4569 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4569

 TITLE OF BILL :
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 in pension computation for persons
hired after January 1, 2010

 SUMMARY OF PROVISIONS :
This bill provides that overtime payments will not be included in the
computation of pension benefits for persons hired after January 1,
2010.

Section 1 amends section 90 of the General Municipal Law to provide
that amounts received as overtime compensation shall be regarded as
salary or compensation for any of the purposes of any pension or
retirement system for persons hired before January 1, 2010.

Section 2 amends subdivision 2 of section 2 of the Retirement and
Social Security law to add a new paragraph (c) providing that for
members hired after January 1, 2010, salary or wages shall not include
amounts received as overtime compensation.

Section 3 amends subdivision 2 of section 302 of the Retirement and
Social Security Law to add a new paragraph (c) to provide that for
members hired after January 1, 2010, salary and wages shall not

include amounts received as overtime compensation.

Section 4 amends section 12-108 of the Administrative Code of the City
of New York to provide that for employees hired before January 1,
2010, amounts received as overtime compensation pursuant to the
provisions of the section shall be regarded as salary or compensation
for the purposes of any pension or retirement system of which the
employee receiving such employee receiving such overtime compensation
system is a member.

Section 5 provides that this act shall take effect immediately.

 PURPOSE AND JUSTIFICATION :
Recently, it has become apparent that some employees have abused the
system of seeking overtime to significantly increase their salaries in
their final years of employment so as to artificially inflate their
eventual pension benefits. Retirement systems, public employers and
taxpayers cannot afford to fund artificially inflated pensions created
by abuse of the overtime system. Examples abound of employees who
boost their pay through hundreds of hours of overtime as they prepare
to retire, ending up with pension benefits that are higher than their
base pay while they were employed. In addition to the costs to
taxpayers, it is not possible for an employee to be effective for the
number of hours some employees are claiming per week. The current
system encourages working excessive hours which are unhealthful for
the employee and result in ineffective service to the public.

 EXISTING LAW :
Currently, overtime pay in included in the calculation of pension
benefits.

 PRIOR LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
Should reduce costs for state and local governments.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S4569 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4569

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 24, 2009
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Civil  Service  and
  Pensions

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 in pension computation for persons
  hired after January 1, 2010

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  90  of  the general municipal law, as amended by
chapter 576 of the laws of 1964, is amended to read as follows:
  S 90. Payment of overtime compensation to public officers  or  employ-
ees.    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 regu-
larly  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]  FOR  EMPLOYEES  HIRED  BEFORE  JANUARY  FIRST,  TWO THOUSAND TEN,
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. 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11240-01-9

S. 4569                             2

  S  2. Subdivision 2 of section 2 of the retirement and social security
law is amended by adding a new paragraph c to read as follows:
  C.  FOR  MEMBERS  HIRED  ON  OR AFTER JANUARY FIRST, TWO THOUSAND TEN,
SALARY OR WAGES SHALL NOT INCLUDE AMOUNTS RECEIVED AS  OVERTIME  COMPEN-
SATION.
  S 3. Subdivision 2 of section 302 of the retirement and social securi-
ty law is amended by adding a new paragraph c to read as follows:
  C.  FOR  MEMBERS  HIRED  ON  OR AFTER JANUARY FIRST, TWO THOUSAND TEN,
SALARY OR WAGES SHALL NOT INCLUDE AMOUNTS RECEIVED AS  OVERTIME  COMPEN-
SATION.
  S 4. Section 12-108 of the administrative code of the city of New York
is amended to read as follows:
  S 12-108 Overtime work by officers or employees and additional compen-
sation  therefor.  Notwithstanding  the provisions of any other statute,
general, special or local, the mayor may authorize the head of any agen-
cy to require any officer or employee in such agency  or  any  class  or
group  of  officers or employees in such agency to work in excess of the
maximum number of hours of employment prescribed  for  such  officer  or
employee  or  class  or  group  of officers or employees by any statute,
general, special or local, provided that each such officer  or  employee
shall  be  paid overtime compensation for such work at not less than his
or her regular basic pay rate. [The] FOR EMPLOYEES HIRED BEFORE  JANUARY
FIRST,  TWO  THOUSAND  TEN,  amounts  received  as overtime compensation
pursuant to the provisions of this section shall be regarded  as  salary
or  compensation for the purposes of any pension or retirement system of
which the employee receiving such overtime  compensation  is  a  member.
Such  overtime  compensation  shall not be regarded as salary or compen-
sation for the purpose of determining the right to any increase of sala-
ry or any salary increment on account of length of service or otherwise,
nor shall the payment of such  overtime  compensation  be  construed  to
constitute a promotion.
  S 5. This act shall take effect immediately.

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Senate Bill S4569

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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2009-S4569 (ACTIVE) - Details

2009-S4569 (ACTIVE) - Summary

2009-S4569 (ACTIVE) - Sponsor Memo

2009-S4569 (ACTIVE) - Bill Text download pdf

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Sponsored By

Michael H. Ranzenhofer

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Actions

2009-S4569 (ACTIVE) - Details

2009-S4569 (ACTIVE) - Summary

2009-S4569 (ACTIVE) - Sponsor Memo

2009-S4569 (ACTIVE) - Bill Text download pdf

Comments