N.Y. Retirement & Social Security Law Section 608
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. 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 and local employees’ 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 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.

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 May 3, 2024; accessed Oct. 26, 2024).

600
Application 601
Definitions 602
Eligibility for service retirement benefits 603
Eligibility for service retirement benefits 604
Service retirement benefits 604‑A
Twenty-year retirement program for New York city sanitation members 604‑B
Twenty-five-year and age fifty-five retirement program for New York city transit authority members 604‑C
Supplemental retirement allowance 604‑C*2
Optional twenty-five-year early retirement program for certain New York city members 604‑C*3
Twenty-year retirement program for Triborough bridge and tunnel members 604‑D
Age fifty-seven retirement program for certain New York city members 604‑E
Twenty-five year retirement program for dispatcher members 604‑E*2
Twenty-five year retirement program for EMT members 604‑F
Twenty-five year retirement program for deputy sheriff members 604‑F*2
Twenty-five year retirement program for special officer, parking control specialist, school safety agent, campus peace officer or New Yor... 604‑G
Twenty-five year/age fifty retirement program for automotive members 604‑H
Twenty-five year retirement program for police communications members 604‑I
Age fifty-five retirement program for New York city teachers and certain other members 604‑J
Twenty-five year retirement program for fire protection inspector members 605
Disability retirement 605‑A
Accidental disability retirement for uniformed court officers and peace officers employed in the unified court system 605‑B
Accidental disability retirement for New York city uniformed sanitation members 605‑B*2
Uniformed court officers and peace officers 605‑C
Accidental disability retirement for deputy sheriffs employed by the city of New York 605‑D
Accidental disability retirement for chief fire marshals, assistant fire marshals, division supervising fire marshals, supervising fire m... 605‑E
Accidental disability retirement for ambulance medical technician supervisors, ambulance medical technician coordinators, ambulance medic... 605‑F
Disability benefits 605‑G
Accidental disability retirement for deputy sheriffs in Nassau county 605‑G*2
Accidental disability retirement for deputy sheriffs in Suffolk county 606
Death benefits 606‑A
Death benefit for vested members who die prior to retirement 606‑B
Death benefit for deputy sheriffs employed by Nassau county 606‑B*2
Death benefits for correction officers employed by Nassau county 606‑B*3
Death benefits for correction officers employed by Suffolk county 606‑B*4
Death benefits for deputy sheriffs employed by Suffolk county 606‑C
Death benefits for correction officers employed by Westchester county 606‑C*2
Death benefits for fire marshals employed by Nassau county 607
Accidental death benefits 607‑A
Performance of duty disability retirement 607‑B
Performance of duty disability retirement 607‑C
Performance of duty disability benefit 607‑D
Disability benefits 607‑E
Accidental disability retirement 607‑F
Payment of both pensions for accident and other benefits prohibited 607‑G
Retirement for disability benefits incurred in the performance of duty 607‑H
Disability benefits 607‑I
COVID-19 benefit 607‑J
Performance of duty, disability retirement for chief fire marshals, assistant chief fire marshals, division supervising fire marshals, su... 607‑J*2
Performance of duty disability retirement benefits for certain first responders in Nassau county 607‑J*3
Performance of duty disability retirement 607‑K
Certain impairments of health 607‑L
Performance of duty disability retirement 608
Final average salary 609
Credit for service 610
Options 611
Optional retirement program 612
Vesting 613
Member contributions 613‑A
Loans to members of a teachers’ retirement system 613‑B
Loans to members of certain retirement systems 614
Effect of other laws 615
Duration 616
Transfer of membership 617
Recalculation of benefits
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
May 3, 2024

§ 608’s source at nysenate​.gov

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