Selkin v. Regan

OPINION OF THE COURT

Harvey, J.

This proceeding involves a dispute as to the correct method for calculating petitioner’s retirement benefits. The specific issue on appeal is whether lag pay received by petitioner on June 30, 1986, but earned more than three years earlier, should be included in computing his final average salary. Final average salary, which is used to compute a retiree’s pension benefits, is calculated by taking the "highest average annual compensation earned during any three consecutive years of member service” (Retirement and Social Security Law § 2 [9] [b]).

The facts are not…