N.Y. Retire. & Soc. Sec. Law § 431

§ 431. Salary base for computing retirement benefits. In any\nretirement or pension plan to which the state or municipality thereof\ncontributes, the salary base for the computation of retirement benefits\nshall in no event include any of the following earned or received, on or\nafter April first, nineteen hundred seventy-two:\n 1. lump sum payments for deferred compensation, sick leave,\naccumulated vacation or other credits for time not worked,\n 2. any form of termination pay,\n 3. any additional compensation paid in anticipation of retirement, or\n 4. that portion of compensation earned during any twelve months\nincluded in such salary base period which exceeds that of the preceding\ntwelve months by more than twenty per centum.\n