Overtime Limits for Tier 5 and 6 Members

While the exact formula used to calculate a NYSLRS pension varies by tier and plan, your pension will be based on your service credit and final average earnings (FAE). Your FAE is the average annual earnings you received during the period when your earnings were highest (36 consecutive months for Tier 5 and 60 consecutive months for Tier 6). Your FAE can include overtime pay you earned in that period, but, for Tier 5 and 6 members, the law limits how much overtime can be used when calculating your pension.

You can still earn overtime pay beyond the limit — it just won’t be factored into your FAE. On the other hand, members aren’t required to make contributions on overtime pay that is above the limit.

overtime limits

Tier 5 Overtime Limits

The overtime limit for Tier 5 Employees’ Retirement System (ERS) members increases each calendar year by 3 percent. In 2023, the limit for Tier 5 ERS members is $22,028.01.

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

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 2023, the limit for Tier 6 ERS members is $19,729.

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

Learn More

There may be other limitations to your FAE. For example, for most members, if your earnings increase significantly during the years used in your FAE, it’s possible that some of those earnings may not be used toward your pension. The specific limits vary by tier. Visit our Final Average Earnings page for more information.

You can learn more about the overtime limits, FAE and retirement calculations in your retirement plan booklet. Find yours using our Find Your NYSLRS Retirement Plan Publication tool.

10 thoughts on “Overtime Limits for Tier 5 and 6 Members

  1. Joanne Devers

    I’m in Tier 6 and recently it was posted that the vesting for Tier 5 and 6 was changed from 10 years to 5 years but I can’t seem to find any information on that change on the website.

    Reply
  2. Matthew

    I’m in tier 6 police and fire. I get paid for 13 holidays a year and receive longevity payments starting at 7 years of service thru retirement. Are longevity and holiday pay considered part of my base salary or is it part of the 15% cap (overtime).

    Reply
    1. NYSLRS Post author

      Generally, holiday pay and longevity payments would be pensionable. For account-specific information about your particular retirement plan, please email our customer service representatives using our secure email form. Filling out the secure form allows them to safely contact you about your personal account information.

      Reply
    1. NYSLRS Post author

      The New York State Legislature (not NYSLRS) occasionally enacts statewide retirement incentive programs, which must be approved by both houses and then signed into law by the Governor. The Retirement System (NYSLRS) administers programs that are signed into law.

      If a State retirement incentive program is approved by both houses of the Legislature and signed into law by the Governor, NYSLRS will notify your employer and provide details for our members on our website and on social media.

      Reply
  3. Charles Rodenas

    I’ve see that there are overtime limits when conducting Retirement calculations for Tier 5 and Tier 6. Might I presume that there are no overtime limits for Tier 4 members when calculating retirement benefits? Was the OT limits changed recently for Tier 4 members?

    Reply

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