NY State Senate Bill 2009-S5247

Archive: Last Bill Status - In Senate Committee Local Government 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 local government
Apr 27, 2009	referred to local government

2009-S5247 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §90, Gen Muni L; amd §§2 & 302, R & SS L; amd §12-108, NYC Ad Cd
Versions Introduced in 2011-2012 Legislative Session:: S1812

2009-S5247 (ACTIVE) - Summary

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

2009-S5247 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5247

 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 compensation
in pension computation earned after March thirty-first, two thousand
ten

 SUMMARY OF PROVISIONS : This bill provides that overtime payments
made after March 31, 2010 will not be included in the computation of
pension benefits.

SECTION 1 amends section 90 of the General Municipal Law to provide
that amounts received as overtime compensation received after April 1,
2010 shall not be regarded as salary or compensation for any of the
purposes of any pension or retirement system.

Section 2 amends subdivision 2 of section 2 of the Retirement and
Social Security Law to provide that salary or wages shall not include
amounts received as overtime compensation received after April 1,
2010.

Section 3 amends paragraph a of subdivision 2 of section 302 of the
Retirement and Social Security Law to provide that salary and wages
shall not include amounts received as overtime compensation on or
after April 1, 2010.

Section 4 amends section 12-108 of the Administrative Code of the City
of New York to provide that amounts received as overtime compensation
prior to April 1, 2010 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-S5247 (ACTIVE) - Bill Text download pdf

                            
                    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:

  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  amounts received as overtime] OVERTIME compensation RECEIVED under
this section, PRIOR TO APRIL FIRST, TWO THOUSAND TEN, 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 other-
wise.  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.
                                                           LBD11241-02-9

S. 5247                             2

  S 2.  Paragraph a of subdivision 2 of section 2 of the retirement  and
social security law is amended to read as follows:
  a.  The salary or wages annually earnable by a member, including main-
tenance, or any allowance in lieu thereof, received by  the  member  BUT
NOT  INCLUDING  AMOUNTS  RECEIVED  AS  OVERTIME COMPENSATION ON OR AFTER
APRIL FIRST, TWO THOUSAND TEN.
  S 3.  Paragraph a of subdivision 2 of section 302  of  the  retirement
and  social  security law, as added by chapter 1000 of the laws of 1966,
is amended to read as follows:
  a. The salary or wages annually earnable by a member, including  main-
tenance,  or  any  allowance in lieu thereof, received by the member BUT
NOT INCLUDING AMOUNTS RECEIVED AS  OVERTIME  COMPENSATION  ON  OR  AFTER
APRIL FIRST, TWO THOUSAND TEN.
  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 amounts received as overtime]  OVER-
TIME  compensation  RECEIVED pursuant to the provisions of this section,
PRIOR TO APRIL FIRST, TWO THOUSAND TEN, 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 S5247

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Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

2009-S5247 (ACTIVE) - Details

2009-S5247 (ACTIVE) - Summary

2009-S5247 (ACTIVE) - Sponsor Memo

2009-S5247 (ACTIVE) - Bill Text download pdf

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Sponsored By

Michael H. Ranzenhofer

Archive: Last Bill Status - In Senate Committee Local Government Committee

Actions

2009-S5247 (ACTIVE) - Details

2009-S5247 (ACTIVE) - Summary

2009-S5247 (ACTIVE) - Sponsor Memo

2009-S5247 (ACTIVE) - Bill Text download pdf

Comments