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Andrew Gounardes

Sponsor · State Senator, District 26 · Democratic

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Senate bill · S8087 (2025-26)

Relates to the definition of overtime ceiling

Latest action Dec 19, 2025

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.

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Where it stands

Rejected by the executive.

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

New York State Senate

Same as A8652, the matching bill in the Assembly.

Amends the Retirement and Social Security Law.

Committee

Civil Service And Pensions · New York State Senate

Also referred to Governmental Employees · New York State Assembly.

Purpose, from the sponsor's memo

To 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)

Recorded votes

  • Vote: Floor vote

    NY SenateJun 13, 2025Result: passed

    (52) (7) (0) (4)
  • Vote: Committee vote · Rules

    Senate RulesJun 12, 2025Result: passed

    (16) (4) (0) (1)
  • Vote: Committee vote · Civil Service And Pensions

    Senate Civil Service And PensionsMay 27, 2025Result: passed

    (6) (0) (0) (1)

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.

Full history

  1. Dec 19, 2025

    Vetoed

    VETOED MEMO.158

    NY Senate

  2. Dec 8, 2025

    Sent to the executive

    DELIVERED TO GOVERNOR

    NY Senate

  3. Jun 16, 2025

    Ordered to Third Reading Rules CAL.843

    ORDERED TO THIRD READING RULES CAL.843

    NY Assembly

  4. Jun 16, 2025

    Passed a chamber

    PASSED ASSEMBLY

    NY Assembly

  5. Jun 16, 2025

    Reported out of committee

    REPORTED REFERRED TO RULES

    NY Assembly

Show full history (10 earlier events)
  1. Jun 16, 2025

    Substituted

    SUBSTITUTED FOR A8652

    NY Assembly

  2. Jun 13, 2025

    Sent to the executive

    DELIVERED TO ASSEMBLY

    NY Senate

  3. Jun 13, 2025

    Passed a chamber

    PASSED SENATE

    NY Senate

  4. Jun 13, 2025

    Reference Changed to Ways and Means

    REFERENCE CHANGED TO WAYS AND MEANS

    NY Assembly

  5. Jun 13, 2025

    Referred to committee

    REFERRED TO GOVERNMENTAL EMPLOYEES

    NY Assembly

  6. Jun 12, 2025

    In committee

    COMMITTEE DISCHARGED AND COMMITTED TO RULES

    NY Senate

  7. Jun 12, 2025

    Ordered to Third Reading CAL.2012

    ORDERED TO THIRD READING CAL.2012

    NY Senate

  8. May 27, 2025

    Reported out of committee

    REPORTED AND COMMITTED TO FINANCE

    NY Senate

  9. May 22, 2025

    Referred to committee

    REFERRED TO GOVERNMENTAL EMPLOYEES

    NY Assembly

  10. May 15, 2025

    Referred to committee

    REFERRED TO CIVIL SERVICE AND PENSIONS

    NY Senate

About this record

Summary

The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.

Source

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Oct 22, 2026. About our data

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