NY Ret & SS L § 608 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 15 - Coordinated Retirement Plan 608 - Final Average Salary.

§  608.  Final average salary. a. For members who first become members   of a public retirement system of  the  state  before  April  first,  two   thousand  twelve,  a  member's final average salary shall be the average   wages earned by such a member during any three consecutive  years  which   provide the highest average wage; provided, however, if the wages earned   during  any  year included in the period used to determine final average   salary exceeds that of the average of the previous  two  years  by  more   than  ten percent, the amount in excess of ten percent shall be excluded   from the computation of final average  salary.  For  members  who  first   become  members  of  the  New York state and local employees' retirement   system or the New York state teachers' retirement  system  on  or  after   April  first, two thousand twelve, a member's final average salary shall   be the average wages earned by such member during any  five  consecutive   years  which provide the highest average wage; provided, however, if the   wages earned during any year included in the period  used  to  determine   final  average  salary  exceeds that of the average of the previous four   years by more than ten percent, the amount  in  excess  of  ten  percent   shall  be  excluded  from the computation of final average salary. Where   the period used to determine final average salary is  the  period  which   immediately precedes the date of retirement, any month or months (not in   excess  of  twelve) which would otherwise be included in computing final   average salary but during which the member was on  authorized  leave  of   absence  at  partial  pay  or  without  pay  shall  be excluded from the   computation of final average salary and the month or an equal number  of   months  immediately  preceding  such period shall be substituted in lieu   thereof.b. Notwithstanding the provisions of subdivision a  of  this  section,   with  respect  to members who first became members of the New York state   and local employees' retirement system and the New York  city  teachers'   retirement  system  before  April first, two thousand twelve, a member's   final average salary shall be equal to one-third of  the  highest  total   wages  earned  by such member during any continuous period of employment   for which the member was credited with three years  of  service  credit;   provided,  however,  if  the  wages  earned  during any year of credited   service included in the period used to determine  final  average  salary   exceeds  the  average of the wages of the previous two years of credited   service by more than ten percent, the amount in excess  of  ten  percent   shall  be  excluded  from  the computation of final average salary. With   respect to members who first become members of the New  York  state  and   local  employees'  retirement  system  and  the  New York city teachers'   retirement system on or  after  April  first,  two  thousand  twelve,  a   member's final average salary shall be equal to one-fifth of the highest   total  wages  earned  by  such  member  during  any continuous period of   employment for which the member was credited with five years of  service   credit;  provided,  however,  if  the  wages  earned  during any year of   credited service included in the period used to determine final  average   salary  exceeds  the  average of the wages of the previous four years of   credited service by more than ten percent, the amount in excess  of  ten   percent shall be excluded from the computation of final average salary.c.  Notwithstanding  the  provisions  of  subdivisions a and b of this   section, the final average salary of an employee who has been  a  member   of  the  New York city employees' retirement system or the New York city   teachers' retirement  system  for  less  than  one  year  shall  be  the   projected  one  year  salary,  with  the calculation based upon a twelve   month projection of the sums earned in the portion of the  year  worked.   If  a  member has been employed for more than one year but less than two   years, then the member's final average salary shall be  the  average  of   the  first  year  and  projected  second  year  earnings  based upon the    calculation above, and if more than  two  years,  but  less  than  three   years,  then  one-third  the  total of the first two years of employment   plus the projected third year's earnings, calculated as indicated above,   provided  that  this  subdivision  shall  not  apply  to a New York city   revised plan member of the New York city employees' retirement system or   a New York city revised plan member  of  the  New  York  city  teachers'   retirement system.d.  Subject  to  the  provisions of subdivision c of this section, and   notwithstanding the provisions of subdivision a of  this  section,  with   respect to members of the New York city employees' retirement system and   the  New  York city board of education retirement system who are subject   to the provisions of this article, a member's final average salary shall   be determined pursuant  to  the  provisions  of  paragraph  fourteen  of   subdivision e of section 13-638.4 of the administrative code of the city   of  New  York,  provided,  however,  that  the applicable provisions and   limitations of the term "wages", as defined in subdivision l of  section   six  hundred  one of this article, shall apply to such determinations of   final average salary.e. With respect to a member covered by the provisions of  section  six   hundred  five-c of this article, final average compensation shall be the   average wages earned by such a member during any five consecutive  years   which  provide the highest average wage; provided, however, if the wages   earned during any year included in the period used  to  determine  final   average  compensation  exceeds  that  of the average of the previous two   years by more than ten percent, the amount  in  excess  of  ten  percent   shall be excluded from the computation of final average compensation.