To the extent permitted by section one hundred twenty-five of the internal revenue code and any regulations adopted pursuant thereto, any salary reduction elected by an employee who is a participant in the New York state and local police and fire retirement system under a cafeteria plan or flexible benefit plan shall be considered part of the annual compensation for the purpose of computing employer and employee retirement plan contributions and for computing retirement benefits.
N.Y. Retire. and Soc. Sec. Law § 379