Tag Archives: new legislation

Overtime Pay Temporarily Excluded From Tier 6 Contribution Rates

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April 2022 legislation temporarily changes how Tier 6 contribution rates are calculated.

As a Tier 6 member, your contribution rate is based on your past earnings and can change from year to year. Usually, Tier 6 contribution rates are calculated using a member’s base pay, which includes regular earnings, holiday pay and longevity pay. Overtime pay (up to a certain limit) is also included in the calculation of the contribution rate.

The legislation removes overtime earned from April 1, 2020 through March 31, 2022 from the Tier 6 contribution rate calculation. For some Tier 6 members, this has resulted in lower contribution rates for up to two years. The lower rates affect earnings that are being paid from April 1, 2022 through March 31, 2024.

Although overtime is temporarily removed from the calculation of Tier 6 contribution rates, your contribution rate is still applied to all your pensionable earnings, including overtime. 

Our video Understanding Your Tier 6 Contributions helps explain how your contribution rate is determined.

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Who is Affected by the Rate Change?

The temporary exclusion of overtime affects Tier 6 members who:

  • Earned overtime from April 1, 2020 through March 31, 2022; and
  • Make mandatory contributions toward their retirement (most Tier 6 members do).

The rate decrease does not apply to:

  • Members who are already paying the minimum rate of 3 percent;
  • Members who did not earn overtime during the COVID pandemic; and
  • New members whose rate is based on an estimated wage rather than actual earnings.

If you are a Tier 6 member who is affected by the legislation, we worked with employers to review your past earnings and to determine whether your rate should be lowered. Members who should have contributed at a lower rate beginning April 1, 2022 received a refund. The rate that will be applied to your earnings from April 1, 2023 to March 31, 2024 already takes the legislation into account.

Update Regarding Retiree Earnings Limit

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Normally, most NYSLRS retirees who return to work for a public employer face an earnings limit. Under Section 212 of the Retirement and Social Security Law, most NYSLRS retirees under age 65 who return to work for a public employer can earn up to $35,000 per calendar year without penalty. The limit includes all earnings for the calendar year, including money or retroactive payments earned in the calendar year but paid in a different calendar year. If a retiree exceeds the earnings limit and continues to work, their pension benefits are suspended for the remainder of the year.

However, executive orders and new legislation have temporarily suspended the earnings limit for retirees who returned to work.

retiree earnings limit

Earnings Limit Suspended through June 30, 2023 for School Districts and BOCES

The state budget for fiscal year 2022-2023 included legislation that temporarily suspends the earnings limit for retirees employed by school districts and Boards of Cooperative Educational Services (BOCES). Under this legislation, post-retirement earnings with a school district or BOCES will not count toward a retiree’s annual earnings limit through June 30, 2023.

The new law means that for retirees working for school districts or BOCES, the limit is eliminated through the end of the school year 2022-23. This extension does not apply to universities, colleges or charter schools.

Earnings Limit Suspended through March 23, 2023 for Other Public Employers

The Governor has issued an executive order temporarily suspending the retiree earnings limit. Under the executive order, post-retirement earnings with a public employer will not count toward the annual calendar-year earnings limit during the following time periods:

  • January 1, 2023 through March 23, 2023.
  • January 1, 2022 through December 31, 2022.
  • January 1, 2021 through June 24, 2021, and September 27, 2021 through December 31, 2021.
  • March 27, 2020 through December 31, 2020.

If the order is extended beyond March 23, 2023 we will update this blog post. For general information about post-retirement employment, please read What If I Work After Retirement.