Assembly Bill A9226

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

                                  9226

                          I N  A S S E M B L Y

                            February 7, 2012
                               ___________

Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
  Committee on Governmental Employees

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:

  Section  1. Section 1203 of the retirement and social security law, as
added by section 1 of part A of chapter 504 of  the  laws  of  2009,  is
amended to read as follows:
  S  1203. Overtime. A member's final average salary shall be calculated
in accordance with such provisions of article eight or article eleven of
this chapter as govern the member's benefits, except that earnings clas-
sified as overtime compensation  in  an  amount  in  excess  of  fifteen
percent  of  a  member's annual wages not classified as overtime compen-
sation shall be excluded from such calculation,  PROVIDED  HOWEVER,  ANY
OVERTIME  EARNED  WHICH IS MANDATORY OVERTIME, AS DEFINED BY SECTION TWO
OF THIS CHAPTER, SHALL NOT BE EXCLUDED.   "Overtime compensation"  shall
mean,  for  purposes of this section, compensation paid under any law or
policy under which employees are paid at a rate greater than their stan-
dard rate for additional hours worked beyond those  required,  including
compensation  paid  under  section  one hundred thirty-four of the civil
service law and section ninety of the general municipal law.
  S 2. Subdivision 24 of section 501 of the retirement and social  secu-
rity  law,  as amended by section 1 of part B of chapter 504 of the laws
of 2009, is amended to read as follows:
  24. "Wages" shall mean regular compensation earned by and  paid  to  a
member  by a public employer, except that for members who first join the
state and local employees' retirement system on or after January  first,
two  thousand  ten,  overtime compensation paid in any year in excess of
the overtime ceiling, as defined by this  subdivision,  EXCEPT  FOR  ANY
OVERTIME  COMPENSATION EARNED WHICH IS MANDATORY OVERTIME, AS DEFINED BY
SECTION TWO OF THIS CHAPTER shall not be included in the  definition  of
wages. "Overtime compensation" shall mean, for purposes of this section,

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

                                                           LBD14233-01-2

A. 9226                             2

compensation paid under any law or policy under which employees are paid
at  a  rate greater than their standard rate for additional hours worked
beyond those required, including compensation  paid  under  section  one
hundred  thirty-four  of the civil service law and section ninety of the
general municipal law. The "overtime ceiling" shall mean  fifteen  thou-
sand  dollars per annum on January first, two thousand ten, and shall be
increased by three percent each year  thereafter.  For  the  purpose  of
calculation  a  member's  primary  federal social security retirement or
disability benefit, wages shall, in any calendar year, be limited to the
portion of the member's wages  which  would  be  subject  to  tax  under
section  three  thousand  one hundred twenty-one of the internal revenue
code of nineteen hundred fifty-four, or  any  predecessor  or  successor
provision  relating  thereto,  if  such member was employed by a private
employer.
  S 3. Subdivision l of section 601 of the retirement and social securi-
ty law, as amended by section 5 of part B of chapter 504 of the laws  of
2009, is amended to read as follows:
  l.  "Wages"  shall  mean  regular compensation earned by and paid to a
member by a public employer, except that for members who first join  the
New  York  state  and local employees' retirement system or the New York
state teachers' retirement system on or after January first,  two  thou-
sand  ten, overtime compensation paid in any year in excess of the over-
time ceiling, as defined by this subdivision, EXCEPT  FOR  ANY  OVERTIME
COMPENSATION  EARNED  WHICH IS MANDATORY OVERTIME, AS DEFINED BY SECTION
TWO OF THIS CHAPTER, shall not be included in the definition  of  wages.
"Overtime  compensation"  shall  mean,  for  purposes  of  this section,
compensation paid under any law or policy under which employees are paid
at a rate greater than their standard rate for additional  hours  worked
beyond  those  required,  including  compensation paid under section one
hundred thirty-four of the civil service law and section ninety  of  the
general  municipal  law. The "overtime ceiling" shall mean fifteen thou-
sand dollars per annum on January first, two thousand ten, and shall  be
increased by three per cent each year thereafter.
  S 4. Section 2 of the retirement and social security law is amended by
adding a new subdivision 37 to read as follows:
  37.  "MANDATORY  OVERTIME."  INVOLUNTARY OVERTIME REQUIRED PURSUANT TO
ANY LAW, RULE OR REGULATION.
  S 5. This act shall take effect immediately.