NY Ret & SS L § 512 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 14 - Coordinated-Escalator Retirement Plan 512 - Final Average Salary.

§  512. Final average salary. a. 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.   Notwithstanding the preceding provisions  of  this  subdivision  to  the   contrary,  for a member who first becomes a member of the New York state   and local employees' retirement system on  or  after  April  first,  two   thousand twelve, or for a New York city police/fire revised plan member,   a  New  York  city  enhanced  plan  member  who  receives  the  ordinary   disability benefit provided for  in  subdivision  c-1  of  section  five   hundred  six  of  this  article  or  the  accidental  disability benefit   provided for in paragraph three of subdivision c of section five hundred   seven of this article, a New York city  uniformed  correction/sanitation   revised  plan  member or an investigator revised plan member, a member's   final average salary 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 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. In determining final  average  salary  pursuant  to  any   provision  of this subdivision, 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  of  the New York state employees' retirement   system who first  become  members  of  the  New  York  state  and  local   employees'  retirement  system  before April first, two thousand twelve,   the New York state and local police and fire retirement system  and  the   New  York  city  teachers'  retirement  system, a member's final average   salary shall be equal to one-third of the  highest  total  wages  earned   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 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.  For members who first become a   member of the New York state and local employees' retirement  system  on   or  after  April  first, two thousand twelve, with respect to members of   the New York state and local employees' retirement  system,  a  member's   final  average  salary  shall be equal to one-fifth of the highest total   wages earned 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  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 (other than a New York   city  correction/sanitation  revised  plan  member  or  an  investigator   revised  plan  member)  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.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   (other than a New York city uniformed correction/sanitation revised plan   member or an investigator revised plan member) 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 thirteen of subdivision e of   section 13-638.4 of the administrative code of the city of New York.