N.Y.
Retirement & Social Security Law Section 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 § 601 (Definitions)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 § 605-C (Accidental disability retirement for deputy sheriffs employed by the city of New York)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.
Source:
Section 608 — Final average salary, https://www.nysenate.gov/legislation/laws/RSS/608 (updated Sep. 22, 2014; accessed Apr. 20, 2024).
