N.Y. Retire. & Soc. Sec. Law § 79

§ 79. Cafeteria plans. To the extent permitted by section one hundred\ntwenty-five of the internal revenue code and any regulations adopted\npursuant thereto, any salary reduction elected by an employee who is a\nparticipant in either the New York state employees' retirement system or\nthe New York state teachers' retirement system under a cafeteria plan or\nflexible benefit plan shall be considered part of annual compensation\nfor the purpose of computing employer and employee retirement plan\ncontributions and for computing retirement benefits.\n