New York Codes, Rules and Regulations
Title 2 - DEPARTMENT OF AUDIT AND CONTROL
Chapter VI - New York State and Local Employees' Retirement System and New York State and Local Police and Fire Retirement System
Part 358 - Calculation Of Disability Retirement Benefits For Restored Service Retirees Under Retirement And Social Security Law Articles 11, 14, And 15
Section 358.2 - Final average salary

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.