Tag Archives: Overtime

Overtime Pay Temporarily Excluded from Tier 6 Contribution Rates

An April 2024 State law temporarily excluded overtime pay earned from April 1, 2022 through March 31, 2024 from the calculation of Tier 6 contribution rates, lowering rates for some members.

Overtime Pay Temporarily Excluded from Tier 6 Contribution Rates

How the Law Impacts Tier 6 Contribution Rates

As a Tier 6 member, the percentage you contribute to NYSLRS is set at the beginning of each State fiscal year on April 1. The minimum contribution rate is 3 percent, and the maximum is 6 percent.

For most members, your rate is calculated based on what you earned two State fiscal years prior, including regular pay, holiday pay, longevity pay—and normally, overtime pay. However, the April 2024 law temporarily excluded overtime pay from the calculation of contribution rates, lowering rates for some members.

If you made mandatory contributions
toward your retirement and earned overtime
pay during the following state fiscal year:
Then, the law may impact your contribution rate for the following state fiscal year:
April 1, 2022–March 31, 2023April 1, 2024–March 31, 2025
April 1, 2023–March 31, 2024April 1, 2025–March 31, 2026

The law does not impact your contribution rate if:

  • You already pay the minimum rate of 3 percent;
  • You did not earn overtime from April 1, 2022 to March 31, 2024; or
  • You joined NYSLRS on or after April 1, 2022.*

*As a new NYSLRS member, your rate is based on a projected annualized wage provided by your employer, rather than your actual earnings. For more information about how your contribution rate is calculated, read our blog post, How Your Tier 6 Contribution Rate Can Change, or visit our Member Contributions page.

Contribution Rate Changes and Refunds for Overpayments

We reviewed earnings information from employers, removed overtime pay earned from April 1, 2022 through March 31, 2023, and recalculated contribution rates.

If your contribution rate for the previous State fiscal year (April 1, 2024–March 31, 2025) was lowered, we notified your employer and sent you a letter with information about your new rate and possible refund.

If you overpaid member contributions and are due a refund, we sent you another letter notifying you of the amount.

  • If you are employed by the State, your refund was processed automatically through State Payroll and included in either your 10/29/2025 or 11/05/2025 NYS paycheck.
  • If you work for a local employer (city, town, village, county, school, etc.), we credited the amount to your employer, and they will issue your refund to you, which can take up to 8 weeks from the date of the letter you received.

(Note: If you are not due a refund, you will not receive another letter from NYSLRS.)

We also excluded overtime pay from earnings for April 1, 2023 through March 31, 2024 when we calculated contribution rates for the current State fiscal year (April 1, 2025–March 31, 2026). In March, we notified your employer and directed them to use this rate beginning April 1. Therefore, we will not need to recalculate rates or issue refunds again, and there is no action required on your part. 

Overtime Limits for Tier 5 and 6 Members

Tier 5 and 6 members are subject to limits on the amount of overtime that can be included in their pension. You can earn overtime pay beyond the overtime limit, but it won’t be factored into your pension calculation. And you don’t pay member contributions on overtime pay that is above the limit.

Overtime Limits for Tier 5 and 6 Members

Tier 5 Overtime Limits

The overtime limit for Tier 5 Employees’ Retirement System (ERS) members increases each calendar year by 3 percent. In 2024, the limit for Tier 5 ERS members is $22,688.85.

For Tier 5 Police and Fire Retirement System (PFRS) members, the overtime limit is 15 percent of your regular earnings each calendar year.

For more information, visit our Overtime Limits for Tier 5 page.

Tier 6 Overtime Limits

The overtime limit for Tier 6 ERS members increases each calendar year based on the annual increase of the Consumer Price Index (CPI). In 2024, the limit for Tier 6 ERS members is $20,459.

For Tier 6 PFRS members, the overtime limit is 15 percent of your regular earnings each calendar year.

For more information, visit our Overtime and Earnings Limits for Tier 6 page.

Your Pension Benefit Calculation

Your NYSLRS pension will be based on your service credit and final average earnings (FAE). Your FAE is the average annual earnings you receive during the period when your earnings are highest (36 consecutive months for Tier 5 and 60 consecutive months for Tier 6). Your FAE will include overtime pay you earned up to each annual limit.

Your FAE may be limited in other ways. For example, for most members, if your earnings increase significantly in the years used for your FAE, some of those earnings might not count toward your pension. The specific limits depend on your tier. Visit our Final Average Earnings page for more information about this limit.

For Tier 6 members, the earnings that can be used toward your pension are also limited to the Governor’s salary.

Read Your Plan Publication

Your retirement plan publication provides specific information about the earnings that will be used to calculate your pension. Visit our website to Find Your NYSLRS Retirement Plan Publication.

Estimate Your Pension in Retirement Online

Most members can create their own pension estimate in minutes using Retirement Online. You can enter different retirement dates to see how those choices would affect your benefit. Sign in to Retirement Online and click the “Estimate my Pension Benefit” button to try it.