N.Y. Comp. Codes R. & Regs. tit. 2 § 358.2
Current through Register Vol. 46, No. 53, December 31, 2024
Final average salary shall be determined pursuant to the provisions of the Retirement and Social Security Law that would be applicable based on the date of the restored membership. However, for the purpose of calculating annual average salary, the employment prior to the disability and the post restoration employment shall be considered continuous. Accordingly, the final average salary calculations shall include compensation earned during the final average salary period, from either employment or both, as appropriate.
N.Y. Comp. Codes R. & Regs. Tit. 2 § 358.2