Retirement tax questions

The text of the law itself is 

 

In general.--For purposes of this section, the term 
    `qualified overtime compensation' means overtime compensation paid 
    to an individual required under section 7 of the Fair Labor 
    Standards Act of 1938 that is in excess of the regular rate (as 
    used in such section) at which such individual is employed.

 

Key here is the amount that is "in excess of the regular rate".