§ 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.
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, 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.

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.