36. For the purposes of subparagraph 1 of the first paragraph of section 35, the average pensionable salary is obtained by performing, in order, the following operations:
(1) dividing the pensionable salary for each year, not taking into account the limit imposed by section 18.1, by the credited service, except service credited under section 74;
(2) selecting, from among the highest salaries resulting from the division the number of salaries as required to bring the aggregate of the contributory periods corresponding to each year for which the salaries are selected up to 5 or, where the aggregate is less than 5, selecting all the salaries;
(3) multiplying each salary so selected for each year by the corresponding contributory period;
(4) dividing the sum of the salaries resulting from the multiplication by the sum of the corresponding contributory periods.
For the purposes of subparagraph 2 of the first paragraph of section 35, the average pensionable salary is obtained by performing, in order, the following operations:
(1) dividing the pensionable salary for each year by the service credited, except service credited under section 74;
(2) applying subparagraphs 2 to 4 of the first paragraph.
For the purposes of paragraph 1 of the first and second paragraphs, all the years and parts of a year of service credited must be counted and service credited pursuant to sections 22, 85.1 and 221.1 shall not be counted in respect of service credited prior to 1 January 1992. In addition, the pensionable salary paid during 2008 and 2009 for which no service is credited is, despite sections 14.1 and 16, part of the pensionable salary of the last year during which service is credited and which is prior to the year during which the pensionable salary is paid.
A contributory period is, for the purposes of this subdivision, the number of contributory days comprised in the period during which the employee participated in the plan in a year or comprised in the period during which days and parts of a day were otherwise credited to him with contributions, except the days and parts of a day determined by regulation, out of the number of contributory days in the year concerned, namely, 200 or 260, according to the basis of remuneration. The first contributory period of a new employee who is an employee within the meaning of the plan begins on the first day in respect of which the employee was assessed or was exempt from contributions and the last period ends on the last day in respect of which he was assessed or was exempt from contributions.
1977, c. 21, s. 8; 1983, c. 24, s. 1; 1987, c. 47, s. 21; 1988, c. 82, s. 14; 1991, c. 77, s. 42; 1995, c. 70, s. 27; 2007, c. 43, s. 57.