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Office of the New York State Comptroller’s Seal

NYS Comptroller

Thomas P. DiNapoli

State Police Plan

For PFRS Tier 2, 5 and 6 Members

(Section 381-b)

Overview

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Your pension is based on your years of credited service and your final average salary (FAS). For members in Tiers 2 and 5, your FAS is the average of your highest three consecutive years of earnings. For Tier 6 members, your FAS is the average of your highest five consecutive years. Usually these are the years right before retirement, but they can be anytime in your career.

Your FAS can include, but is not limited to, the payments listed below. In some cases, certain restrictions may apply.

  • Regular salary;*
  • Overtime earned in the period used in the FAS;**
  • Compensatory overtime;
  • Holiday pay;
  • Longevity payments (maximum of one per FAS year) if earned in the years used in the FAS; and
  • Payment for sick leave in excess of 165 days.

The following payments are not part of your regular compensation. In most cases, they will not be included in your FAS calculation:

  • Payments made as a result of working your vacation;
  • Any form of termination pay;
  • Payments made in anticipation of retirement;
  • Lump sum payments for deferred compensation;
  • Payments for accumulated vacation; and
  • Overtime which is compensated in whole or in part by payments from private, non-governmental entities.***

*Tier 6 members: Earned compensation which exceeds the Governor’s annual salary, currently $179,000, is excluded, as well as salary paid by more than two participating employers.

**Tier 5 and 6 members: The total amount of overtime and compensatory overtime that can be included in your FAS calculation is limited to 15 percent of your salary.

***Work for private entities is not government service, and the pay for such work is not considered regular compensation from a participating employer. It can’t be included in the calculation of FAS. Note: Overtime work by police officers for other participating public employers — for example, a school district — can be included in the calculation of FAS, even if the employer is reimbursed by the other public entity.