N.Y. Retire. & Soc. Sec. Law § 1203

* § 1203. Overtime. A member's final average salary shall be\ncalculated in accordance with such provisions of article eight or\narticle eleven of this chapter as govern the member's benefits, except\nthat earnings classified as overtime compensation in an amount in excess\nof fifteen percent of a member's annual wages not classified as overtime\ncompensation shall be excluded from such calculation. "Overtime\ncompensation" shall mean, for purposes of this section, compensation\npaid under any law or policy under which employees are paid at a rate\ngreater than their standard rate for additional hours worked beyond\nthose required, including compensation paid under section one hundred\nthirty-four of the civil service law and section ninety of the general\nmunicipal law.\n * NB Effective until January 1, 2027\n * § 1203. Overtime. A member's final average salary shall be\ncalculated in accordance with such provisions of article eight or\narticle eleven of this chapter as govern the member's benefits, except\nthat earnings classified as overtime compensation in an amount in excess\nof fifteen percent of a member's annual wages not classified as overtime\ncompensation shall be excluded from such calculation, provided, however,\nmembers who retire on or after January first, two thousand twenty-seven,\nearnings classified as overtime compensation in an amount in excess of\ntwenty-five percent of a member's annual wages not classified as\novertime compensation shall be excluded from such calculation. "Overtime\ncompensation" shall mean, for purposes of this section, compensation\npaid under any law or policy under which employees are paid at a rate\ngreater than their standard rate for additional hours worked beyond\nthose required, including compensation paid under section one hundred\nthirty-four of the civil service law and section ninety of the general\nmunicipal law.\n * NB Effective January 1, 2027\n