Skip to main content

Senate bill · S10189 (2025-26)

Relates to the definition of overtime ceiling

PassedLatest action Jun 4, 2026

New York State Senate

Same as A11154, the matching bill in the Assembly.

Passed as A11154, the matching Assembly bill.

Sponsor

Andrew Gounardes

State Senator, District 26 · Democratic

Follow

Summary

Relates to the definition of overtime ceiling for members who first become members of a public retirement system of the state on or after April first, two thousand twelve.

Summary from NY Open Legislation. How we handle summaries

Amends the Retirement and Social Security Law.

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 23, 2026. About our data

Follow

Following needs an Agora account. You will sign in first, then come back to this page.

Your position on this bill

Choose the position closest to yours. You'll sign in or create an account to save it.

Purpose, from the sponsor's memo

This bill would remove the cap on overtime used to calculate member contributions and pension benefits in the 55/25 NYC Transit Authority Tier 6 plan in the NYC Employees Retirement System (NYCERS)

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed the legislature and is awaiting a signature.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

Committee

Civil Service And Pensions · New York State Senate

Also referred to Governmental Employees · New York State Assembly, Rules · New York State Assembly, Rules · New York State Senate.

Cosponsors

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

Read on NY Senate (opens in a new tab)
  • Democratic2

Shown in neutral colors by design; Agora is non-partisan.

The sponsor's argument

Why Andrew Gounardes says this is needed

Today there are over 400,000 public employees in Tier 6 statewide. Although Transit 25/55 was preserved, there are still several ways that the benefits for Tier 6 transit workers are less than those for Tier 4. One of these is a cap on how much overtime is pensionable for a Tier 6 member. That cap, which is raised each year with the Consumer Price Index, is now $19,729 for 2023. Approximately two-thirds of the TWU Local 100 workforce is in Tier 6. Much of the overtime worked by transit workers is scheduled overtime, built into workers' schedules. Other overtime may be mandatory for special projects or emergencies. Transit workers never assign themselves overtime. Far from being a means for transit workers to milk the system, overtime is essential to how the transit system operates and is an accepted part of a transit worker's livelihood. The rationale for this bill is that many of TWU members routinely accrue mandated overtime in order to complete their shifts. This results in any income they receive which exceeds the $19,729 cap not being pensionable. Additionally, the final average salary (FAS) for Tier 6 transit workers is already calculated in a manner that prevents an employee from arti- ficially inflating their pensionable income prior to retirement, as wages earned during any year under a FAS calculation cannot exceed the average of the previous four years bar' more than ten percent. For these reasons, the overtime cap should be removed for Tier 6 transit workers.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Recorded votes

  • Vote: Floor vote

    NY SenateJun 4, 2026Result: passedSenate vote on A11154, the matching Assembly bill.

    (60) (0) (0) (3)

Full history

  1. Jun 4, 2026

    3RD Reading CAL.1808

    3RD READING CAL.1808

    NY Senate

  2. Jun 4, 2026

    In committee

    COMMITTEE DISCHARGED AND COMMITTED TO RULES

    NY Senate

  3. Jun 4, 2026

    Passed a chamber

    PASSED SENATE

    NY Senate

  4. Jun 4, 2026

    Substituted

    SUBSTITUTED FOR S10189

    NY Senate

  5. Jun 3, 2026

    Sent to the executive

    DELIVERED TO SENATE

    NY Assembly

Show full history (7 earlier events)
  1. Jun 3, 2026

    Passed a chamber

    PASSED ASSEMBLY

    NY Assembly

  2. Jun 3, 2026

    Referred to committee

    REFERRED TO RULES

    NY Senate

  3. Jun 3, 2026

    Reported out of committee

    REPORTED REFERRED TO RULES

    NY Assembly

  4. Jun 3, 2026

    Rules Report CAL.427

    RULES REPORT CAL.427

    NY Assembly

  5. May 28, 2026

    Reported out of committee

    REPORTED REFERRED TO WAYS AND MEANS

    NY Assembly

  6. May 5, 2026

    Referred to committee

    REFERRED TO CIVIL SERVICE AND PENSIONS

    NY Senate

  7. Apr 28, 2026

    Referred to committee

    REFERRED TO GOVERNMENTAL EMPLOYEES

    NY Assembly