N.Y. RSS Law § 1209

§ 1209. Final average salary. a. For members who first become members\nof the New York state and local police and fire retirement system on or\nafter April first, two thousand twelve, a member's final average salary\nshall be equal to one-fifth of the highest total wages earned by such\nmember during any continuous period of employment for which the member\nwas credited with five years of service credit; provided, however, if\nthe wages earned during any year of credited service included in the\nperiod used to determine final average salary exceeds the average of the\nwages of the previous four years of credited service by more than ten\npercent, the amount in excess of ten percent shall be excluded from the\ncomputation of final average salary. Provided, however, beginning on or\nafter April first, two thousand twenty-four, a member's final average\nsalary shall be equal to one-third of the highest total wages earned by\nsuch member during any continuous period of employment for which the\nmember was credited with three years of service credit; provided,\nhowever, if the wages earned during any year of credited service\nincluded in the period used to determine final average salary exceeds\nthe average of the wages of the previous two years of credited service\nby more than ten percent, the amount in excess of ten percent shall be\nexcluded from the computation of final average salary. Wages in excess\nof the annual salary paid to the governor pursuant to section three of\narticle four of the state constitution shall be excluded from the\ncomputation of final average salary for members who first become members\nof the New York state and local police and fire retirement system on or\nafter April first, two thousand twelve.\n b. Notwithstanding subdivision a of this section, members who first\nbecome members of the New York state and local police and fire\nretirement system on or after April first, two thousand twelve, and who\nretire from an employer which, prior to April first, two thousand\ntwelve, elected by the adoption, filing and approval of a resolution in\nthe manner provided by section three hundred thirty of this chapter to\nprovide that final average salary shall mean the regular compensation\nearned from such participating employer by a member during the twelve\nmonths of actual service immediately preceding the date of such member's\nretirement pursuant to subdivision f of section four hundred forty-three\nof this chapter, shall continue to have his or her final average salary\ncomputed with such twelve month final average salary unless such member\nwould otherwise be entitled to a greater benefit under subdivision a of\nthis section, in which case such greater benefit shall be payable.\n