N.Y. Retirement & Social Security Law Section 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 classified as overtime compensation in an amount in excess of fifteen percent of a member’s annual wages not classified as overtime compensation shall be excluded from such calculation. “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 Civil Service Law § 134 (Work week of state officers and employees for basic annual salaries)section one hundred thirty-four of the civil service law and General Municipal Law § 90 (Payment of overtime compensation to public officers or employees)section ninety of the general municipal law.

Source: Section 1203 — Overtime, https://www.­nysenate.­gov/legislation/laws/RSS/1203 (updated Sep. 22, 2014; accessed Dec. 6, 2025).

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Dec. 6, 2025

Last modified:
Sep. 22, 2014

§ 1203. Overtime's source at nysenate​.gov

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