NY Ret & SS L § 2 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 2 - New York State Employees' Retirement System Title 1 2 - Definitions.

§  2.  Definitions.  The  following  words and phrases as used in this article shall have the following meanings unless a different meaning  is plainly required by the context:   1.  "Accumulated  contributions."  The sum of all the amounts deducted from the compensation of a member or contributed by him, standing to the credit of his individual account in the annuity  savings  fund  together with regular interest and special interest, if any, thereon.   2. "Annual compensation."   a.  The  salary  or  wages  annually  earnable  by a member, including maintenance, or any allowance in lieu thereof, received by the member.   b.  The  compensation  earnable  and  any  allowance  of  expenses  or maintenance, or any allowance in lieu thereof, received by a member as a delegate, officer or employee of the conventions to revise and amend the constitution  of the state in the years nineteen hundred thirty-eight or nineteen hundred sixty-seven or both.   3. "Annuity." The  annual  allowance  for  life,  payable  in  monthly installments  and derived from a member's accumulated contributions made pursuant to this article.   4. "Annuity reserve." The present value of all payments to be made  on account  of  any  annuity  or  benefit in lieu of any annuity granted as provided in this article, computed upon the basis  of  regular  interest and such mortality tables as shall be adopted by the comptroller.   5.  "Beneficiary." Any person in receipt of a retirement allowance, or other benefit pursuant to this article.   6. "Comptroller." The comptroller of the state.   7. "Department." Any agency of an employer or any unit  of  government employing  persons  who  are or may be entitled to become members of the retirement system.   8. "Employer." The state, a participating employer, and any other unit of government or organization obligated or agreeing, under this article, to make  contributions  to  the  retirement  system  on  behalf  of  its employees.   9. "Final average salary."   a. The average annual compensation of a member for credited government service  not  exceeding  his  three years of credited government service immediately preceding his date of retirement.   b. In the case of a member having credit for three years  or  more  of member  service,  such  term  shall  mean  his  highest  average  annual compensation earned during any three consecutive years of member service for which he is credited, provided that a  member  by  written  request, filed with the comptroller prior to the effective date of retirement and in  form satisfactory to the comptroller, may select any other period of three consecutive years of member service for which he is credited.   c. In the case of a member who:  (1) Served as a supervisor  of  a  town  when  such  town  was  not  a participating employer, and  (2) Was paid for such services on a fee basis, and  (3)  Upon  the  town's subsequently becoming a participating employer, has paid contributions to the retirement system with respect  to  salary received for prior county services, such  term  shall mean, at the option of such member, his average annual compensation, including such fees and salary, earned by him  during  any three  consecutive  years  of service with such municipality selected by the applicant prior to the date of his retirement.   10. "Fiscal year." Any year commencing April first  and  ending  March thirty-first next following.   11. "Government service." Paid service as follows:    a.  Service  as  an  officer  or  employee  of  an employer, including service:  (1)  As  a  delegate, officer or employee of the conventions to revise and amend the constitution of the state in the  years  nineteen  hundred thirty-eight or nineteen hundred sixty-seven or both, or  (2)  Rendered  to  a  village  which  became  a  city on or before May twenty-fourth, nineteen hundred twenty-three.   b. Service as a public school teacher  in  the  state  rendered  while contributing  to a local retirement system, subsequently absorbed by the state teachers' retirement system,  and  where  the  contributions  made thereto were not returned to such contributor.   c. Teaching service in an institution for the instruction of the deaf, mute  or  the  blind,  which receives state pupils whose instruction and support are paid for by the state or a participating employer.   d. Library service from July first, nineteen hundred twenty-two,  only to  the  extent  that  such  service  is  paid  from appropriations by a participating employer.   e. Service in any city or  county  institution  that  became  a  state institution  on or before May eleventh, nineteen hundred twenty, only to the extent that such service is  paid  for  by  the  state  or  by  such institution.   Except  as  otherwise  specifically  provided in this article, service rendered on and after January first, nineteen hundred twenty-one,  by  a person  entitled  to  retirement  benefits  for  civil service employees pursuant to other laws, wholly or partly at the expense of the state  or any   political  subdivision  thereof,  however,  shall  not  constitute government service.   12. "Group." Any group created under the provisions of section  twelve of this article.   12-a.  "Infant."  Any  person who has not attained the age of eighteen years.   13. "Local legislative body."   a. In the case of a county, the board of supervisors.   b. In the case of a city, the council,  common  council  or  board  of aldermen  and the board of estimate, board of estimate and apportionment or board of estimate and contract, if there be one.   c. In the case of a town, the town board.   d. In the case of a village, the board of trustees.   e. In the case of a school district, the board of education, the board of trustees, the trustee or trustees.   f. In the case of any other municipality, the body charged by law with the government or management thereof.   14. "Local pension system." Any retirement, pension or annuity fund or system of any county, city, town or village of the state.   15. "Medical board." The  board  of  physicians  provided  by  section seventy-four of this article.   16.  "Member." Any person included in the membership of the retirement system as provided in section forty of this article.   17. "Member service."   a. Any  government  service  rendered  in  the  employ  of  the  state subsequent to January first, nineteen hundred twenty-one.   b.  Any  government  service rendered in the employ of a participating employer subsequent to the date it becomes a participating employer.   c. Any government service rendered in the employ of  a  county,  city, town   or  village,  between  the  first  date  of  its  eligibility  to participate in the retirement system and the first date  of  its  actual participation   therein,   provided  such  municipality  elected  to  so participate within the first year of its eligibility to do so.    18. "Minimum retirement age." Age sixty, except that as to members who shall have elected to contribute on  the  basis  of  retirement  at  age fifty-five, such term shall mean age fifty-five.   19.  "Municipality."  A county, city, town, village, public authority, school district, police district or fire district, a river  improvement, river  regulating  or  drainage  district,  established  by or under the supervision of the department of conservation, or any other  local  unit of  government  or  territorial  division  of the state by whatever name called possessing the power (a) to contract indebtedness and (b) to levy taxes or benefit assessments upon real estate or to require the levy  of such taxes or assessments.   20.  "Participating employer." Any municipality, library, or public or quasi-public organization participating in the retirement system.   21. "Payroll." Annual compensation earnable by members, when used as a basis for determination of the amount to be contributed by  an  employer to the retirement system.   22.  "Pension."  The  annual  allowance  for  life, payable in monthly installments,  derived  from   contributions   made   to   the   pension accumulation fund pursuant to this article.   22-a.   "Pension-providing-for-increased-take-home-pay."   The  annual allowance  for  life  payable  in  monthly  installments  derived   from contributions  made to the pension accumulation fund pursuant to section seventy-a of this article.   23. "Pension reserve." The present value of all payments to be made on account of any pension, or benefit in lieu of any  pension,  granted  as provided  in  this  article, computed upon the basis of regular interest and such mortality tables as shall be adopted by the comptroller.   24. "Prior service." Not to exceed a total  of  thirty-five  years  of service rendered as follows:   a.  Government  service  rendered to the state prior to January first, nineteen hundred twenty-one.   b. Government service rendered to a participating employer, other than as provided in section thirty-one or thirty-two of this  article,  prior to  the first date of eligibility of such employer to participate in the retirement system. In the case of any such participating employer  which did  not  elect  to participate in the retirement system until after its first year of eligibility to so participate, such term  shall  mean,  in addition, three-fourths of all government service rendered to it between its  first  date  of  eligibility to so participate and the date when it became a participating employer. The  local  legislative  body  of  such employer, by resolution duly adopted, may determine to allow full credit therefor.   c. Service allowed as prior service by an employer pursuant to section thirty-one or thirty-two of this article.   d.  Service  of  honorably  discharged  officers,  soldiers,  sailors, marines and army nurses who were actual residents of the  state  at  the time  of  their entry into the military service of the United States or, if not actual residents of the state at that time, are or  were  or  are hereafter  employes  of a participating employer created by and deriving its powers from an agreement between this state and any other state  and were  actual  residents  of  such other state at the time of their entry into the military service of the United States:  (1) Rendered in time of war and prior to July second, nineteen hundred twenty-one, or  (2) Rendered with the  American  expeditionary  forces  subsequent  to November   eleventh,  nineteen  hundred  eighteen,  and  prior  to  June thirtieth, nineteen hundred nineteen, provided such entry occurred after November eleventh, nineteen hundred eighteen.    e. Service of members of the national guard in the military service of the United States pursuant to the call  of  the  president  for  Mexican border duty.   25. "Rate of normal contribution."   a.  In  the  case  of  an  employer,  the  rate of annual contribution computed  pursuant  to  paragraph  one  of  subdivision  b  of   section twenty-three of this article.   b.  In the case of a member, the basic rate of contribution determined without modification pursuant to subdivision b of section twenty-one  of this article.   26. "Regular interest."   a.  Such  term  shall  mean  interest  recommended  by the actuary and promulgated  by  the  comptroller  as  provided  in  paragraph  four  of subdivision  b  of section eleven of this article, which is in effect on the date of a member's retirement, and such rate shall  be  at  no  less than  four per centum per annum and at no more than seven per centum per annum, compounded annually.   b. However, for purposes of crediting interest to individual  accounts in  the  annuity  savings fund, such term shall mean four per centum per annum, compounded annually, in the  case  of  persons  who  last  became members  on  or  before June thirtieth, nineteen hundred forty-three and shall mean three per centum per annum, compounded annually, in the  case of  persons  who  last  became  members on or after July first, nineteen hundred forty-three.   26-a. "Reserve-for-increased-take-home-pay." The amount of the reserve provided by the employer which shall be equivalent to that per centum of the member's compensation by which his contribution is reduced or  would otherwise  be  reduced  if  his rate of contribution equaled or exceeded eight per centum as provided in subdivision a of  section  seventy-a  of this  article and that per centum by which his contribution is suspended as provided in subdivision aa  of  section  seventy-a  of  this  article during the period his employer contributes pursuant to section seventy-a of   this   article  toward  pensions-for-increased-take-home-pay,  plus regular interest thereon.   27. "Retirement allowance." The  annuity  plus  the  pension  and  the pension-providing-for-increased-take-home-pay, if any.   28.  "Retirement  system."  The  New  York state employees' retirement system provided for in section ten of this article.   29. "Service in the Korean  conflict."  Military  service  during  the period  commencing  June  twenty-seventh,  nineteen  hundred  fifty, and terminating January thirty-first,  nineteen  hundred  fifty-five,  as  a member of the armed forces of the United States of any person who:   a. Has been honorably discharged or released therefrom under honorable circumstances, and   b.  Was a resident of this state at the time of his entrance into such armed forces, or, if not a resident of this state at that time, was then or thereafter became an employee of a participating employer created  by and  deriving  its  powers  from an agreement between this state and any other state and was a resident of such other state at the  time  of  his entrance into such armed forces, and   c.  Was a member of the retirement system and an employee of the state or of a participating employer at the time he entered such armed  forces or was an employee of an employer which was not a participating employer at  the  time he entered such armed forces but which elected to become a participating employer while he was absent on military duty, or  was  an employee of the state or of a participating employer or was a teacher as defined  in  article  eleven  of  the  education  law at the time of his entrance into the armed forces and became a  member  of  the  retirement  system  subsequent  to  separation or discharge from the armed services, and   d.  Returned  to  the  employment  of  the  state  or  a participating employer, within one year following discharge or release  or  completion of  advanced  education provided under the servicemen's readjustment act of nineteen hundred forty-four, certified on a certificate  for  service in war after world war I, and allowable as provided in section forty-one of this article. Such service shall not include any periods during which civil  compensation  was  received by the member under the provisions of section two hundred forty-two of the military  law  or  section  six  of chapter six hundred eight of the laws of nineteen hundred fifty-two.   29-a.  "Emergency  service on or after October first, nineteen hundred sixty-one." Active duty (other than for training) in the armed forces of the United States as defined in title ten of the United States  code  on or  after  October  first, nineteen hundred sixty-one and terminating on August thirty-first, nineteen hundred sixty-two, of any person who:   a. Was a resident of this state at the time of his entrance into  such armed forces, or, if not a resident of this state at that time, was then or  thereafter became an employee of a participating employer created by and deriving its powers from an agreement between  this  state  and  any other  state  and  was a resident of such other state at the time of his entrance into such armed forces, and   b. Was a member of the retirement system and an employee of the  state or  of a participating employer at the time he entered such armed forces or was an employee of an employer which was not a participating employer at the time he entered such armed forces but which elected to  become  a participating  employer  while he was absent on military duty, or was an employee of the state or of a participating employer or was a teacher as defined in article eleven of the  education  law  at  the  time  of  his entrance  into  the  armed  forces and became a member of the retirement system subsequent to separation or discharge from  the  armed  services, and   c.  Returned  to  the  employment  of  the  state  or  a participating employer, within one year following discharge or release, or  completion of  advanced  education  provided  by the United States for education of Korean conflict veterans, certified on a certificate for service in  war after  world  war  I,  and allowable as provided in section forty-one of this article. Such service shall not include any  periods  during  which civil  compensation  was received by the member for accrued vacation and overtime credit or under the provisions of section two hundred forty-two of the military law or section six of chapter six hundred eight  of  the laws of nineteen hundred fifty-two.   d.  Credit  under  this  section  shall  not accrue to a person who is released from active duty under conditions other than honorable.   30. "Service in war after world war  I."  Service  in  world  war  II, service in the Korean conflict, or emergency service on or after October first, nineteen hundred sixty-one.   31.  "Service in world war II." (1) Military service during the period commencing July first, nineteen hundred forty, and terminating  December thirty-first,  nineteen  hundred  forty-six,  as  a  member of the armed forces of the United States, or service by one who was employed  by  the War Shipping Administration or Office of Defense Transportation or their agents  as a merchant seaman documented by the United States Coast Guard or Department of Commerce, or as a civil servant employed by the  United States  Army  Transport Service (later redesignated as the United States Army Transportation Corps, Water Division) or the  Naval  Transportation Service;  and  who  served  satisfactorily  as  a crew member during the period of armed conflict, December seventh, nineteen hundred  forty-one,  to  August  fifteenth,  nineteen  hundred  forty-five,  aboard  merchant vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service as such terms are defined under federal law (46 USCA 10301 & 10501)  and further  to include "near foreign" voyages between the United States and Canada, Mexico, or the West Indies via ocean routes, or  public  vessels in  oceangoing  service  or  foreign  waters  and  who  has  received  a Certificate of Release or Discharge from Active  Duty  and  a  discharge certificate,  or  an  Honorable  Service Certificate/Report of Casualty, from the Department of Defense, or service by one who served as a United States civilian employed  by  the  American  Field  Service  and  served overseas  under  United  States  Armies and United States Army Groups in world war II during the period  of  armed  conflict,  December  seventh, nineteen   hundred   forty-one  through  May  eighth,  nineteen  hundred forty-five, and who was discharged or released therefrom under honorable conditions, or service by one who served as  a  United  States  civilian Flight  Crew  and Aviation Ground Support Employee of Pan American World Airways or one of its subsidiaries or its affiliates and served overseas as a result of Pan American's contract with  Air  Transport  Command  or Naval  Air  Transport  Service  during  the  period  of  armed conflict, December  fourteenth,  nineteen   hundred   forty-one   through   August fourteenth,  nineteen  hundred  forty-five,  and  who  was discharged or released therefrom under honorable conditions or of any person who:   a. Has been honorably discharged or released therefrom under honorable circumstances, and   b. Was a resident of this state at the time of his entrance into  such armed forces, or, if not a resident of this state at that time, was then or  thereafter became an employee of a participating employer created by and deriving its powers from an agreement between  this  state  and  any other  state  and  was a resident of such other state at the time of his entrance into such armed forces, and   c. Was either a member of the retirement system and an employee of the state or of a participating employer at the time he entered  such  armed forces  or  became  such  employee  and  such member while in such armed forces on or before July first, nineteen hundred forty-eight, or  became such  employee  while  in such armed forces and subsequently became such member on or before July first, nineteen hundred forty-eight, or was  an employee  of  an  employer which was not a participating employer at the time he entered  such  armed  forces  but  which  elected  to  become  a participating  employer  while he was absent on military duty, or was an employee of the state or of a participating employer or was a teacher as defined in article eleven of the  education  law  at  the  time  of  his entrance  into  the  armed  forces and became a member of the retirement system subsequent to separation or discharge from  the  armed  services, and   d.  Returned  to  the  employment  of  the  state  or  a participating employer, within one year following discharge or release  or  completion of  advanced  education provided under the servicemen's readjustment act of nineteen hundred forty-four, certified on a  world  war  II  military service  certificate,  and allowable as provided in section forty-one of this article. Such service shall not include any  periods  during  which civil  compensation  was  received by the member under the provisions of section two hundred forty-two of the military law,  or  section  six  of chapter six hundred eight of the laws of nineteen hundred fifty-two; or  (2)  Military  service, not in excess of three years and not otherwise creditable under paragraph one hereof, rendered on active  duty  in  the armed  forces  of  the  United  States during the period commencing July first, nineteen hundred forty, and  terminating  December  thirty-first, nineteen  hundred  forty-six,  or service by one who was employed by the  War Shipping Administration or Office of Defense Transportation or their agents as a merchant seaman documented by the United States Coast  Guard or  Department of Commerce, or as a civil servant employed by the United States  Army  Transport Service (later redesignated as the United States Army Transportation Corps, Water Division) or the  Naval  Transportation Service;  and  who  served  satisfactorily  as  a crew member during the period of armed conflict, December seventh, nineteen hundred  forty-one, to  August  fifteenth,  nineteen  hundred  forty-five,  aboard  merchant vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service as such terms are defined under federal law (46 USCA 10301 & 10501)  and further  to include "near foreign" voyages between the United States and Canada, Mexico, or the West Indies via ocean routes, or  public  vessels in  oceangoing  service  or  foreign  waters  and  who  has  received  a Certificate of Release or Discharge from Active  Duty  and  a  discharge certificate,  or  an  Honorable  Service Certificate/Report of Casualty, from the Department of Defense, or service by one who served as a United States civilian employed  by  the  American  Field  Service  and  served overseas  under  United  States  Armies and United States Army Groups in world war II during the period  of  armed  conflict,  December  seventh, nineteen   hundred   forty-one  through  May  eighth,  nineteen  hundred forty-five, and who was discharged or released therefrom under honorable conditions, or service by one who served as  a  United  States  civilian Flight  Crew  and Aviation Ground Support Employee of Pan American World Airways or one of its subsidiaries or its affiliates and served overseas as a result of Pan American's contract with  Air  Transport  Command  or Naval  Air  Transport  Service  during  the  period  of  armed conflict, December  fourteenth,  nineteen   hundred   forty-one   through   August fourteenth,  nineteen  hundred  forty-five,  and  who  was discharged or released therefrom under honorable conditions, by a  person  who  was  a resident of New York state at the time of entry into such service and at the  time  of  being discharged therefrom under honorable circumstances, or, if not a resident of this state at such times was then or thereafter became an employee of a participating employer created by  and  deriving its powers from an agreement between this state and any other state, and was  a  resident  of  such  other  state  at  the time of entry into and discharge from such service, and who  makes  the  payments  required  by subdivision k of section forty-one of this article.   However,  no military service shall be creditable under this paragraph two in the case of a member under an existing plan permitting retirement upon twenty years of creditable  service  who  is  receiving  a  federal pension (other than for disability) based upon a minimum of twenty years of  full  time active military service in the armed forces of the United States nor shall any military service be creditable in  the  case  of  a member  under  any other plan who is receiving a military pension (other than for disability) for military service in the  armed  forces  of  the United States.   32.  "Service  retirement  benefit."  Any  type  of retirement benefit provided by this article and payable out of the  pension  reserve  fund, except   the   ordinary  disability  retirement,  accidental  disability retirement,  discontinued  service  retirement,   ordinary   death   and accidental death benefit.   33. "State." The state of New York.   34.  "Total  service."  All  member  service  for  which  a  member is credited,  all  prior  service  certified  on  a  valid  prior   service certificate,  and  all  service  in war after world war I certified on a valid military service certificate. For the purposes of this article,  a valid certificate heretofore issued for service in world war II shall be deemed a certificate for service in war after world war I.    35. "Special interest." A distribution to the annuity savings fund, in addition  to  regular  interest,  to  be credited to the annuity savings accounts of members, the size  of  this  distribution,  if  any,  to  be determined  pursuant  to  the  provisions  of  subdivision  i of section thirteen of this article.   36.  (a)  "Qualifying  World  Trade  Center  condition"  shall  mean a qualifying condition or impairment of health resulting in disability  to a  member  who  participated  in  World Trade Center rescue, recovery or cleanup operations for a qualifying period, as those terms  are  defined below, provided the following conditions have been met: (i) such member, or  eligible  beneficiary  in  the case of the member's death, must have either filed a written and sworn statement with the member's  retirement system  on a form provided by such system, or as allowed by the member's retirement system,  electronically  submitted  a  statement  on  a  form provided by such system through a secure online portal maintained by the member's   retirement  system  that  has  duly  validated  the  member's identity, indicating the underlying dates and  locations  of  employment not  later  than  September  eleventh, two thousand twenty-two, and (ii) such member has either successfully passed a  physical  examination  for entry into public service, or authorized release of all relevant medical records,  if the member did not undergo a physical examination for entry into public service; and (iii) there is no evidence  of  the  qualifying condition  or  impairment  of  health  that  formed  the  basis  for the disability in such physical examination for entry into public service or in the relevant  medical  records,  prior  to  September  eleventh,  two thousand one except for such member, or eligible beneficiary in the case of  the  member's  death,  of a local retirement system of a city with a population of one million or more that is covered by section  13-551  of the  administrative  code  of  the  city  of  New  York,  or  by section twenty-five hundred seventy-five of  the  education  law  and  for  such member  who  separated  from  service  with  vested  rights, or eligible beneficiary of such member who separated from service with vested rights in the case of the member's death, of a local  retirement  system  of  a city  with  a  population  of  one  million  or  more who are covered by sections 13-168, 13-252.1 or 13-353.1 of the administrative code of  the city  of  New York or sections five hundred seven-c, six hundred five-b, six hundred five-c, or six hundred seven-b of this chapter. The deadline for filing a written and sworn statement required by subparagraph (i) of this paragraph shall be September eleventh, two thousand twenty-two  for such  member, or eligible beneficiary in the case of the member's death, of a local retirement system of a city with a population of one  million or  more that is covered by section 13-551 of the administrative code of the city of New York, or by section twenty-five hundred seventy-five  of the  education  law  and for such member who separated from service with vested rights, or eligible beneficiary of such member who separated from service with vested rights in the case of the member's death, of a local retirement system of a city with a population of one million or more who are  covered  by  sections  13-168,  13-252.1   or   13-353.1   of   the administrative  code  of  the city of New York and sections five hundred seven-c, six hundred five-b, six hundred five-c, or six hundred  seven-b of  this  chapter.  Every  retirement  system shall keep a copy of every written and sworn statement that is presented for filing not later  than September  eleventh,  two  thousand twenty-two, including those that are rejected for filing as untimely.  (b) "Qualifying condition  or  impairment  of  health"  shall  mean  a qualifying  physical condition, or a qualifying psychological condition, or both, except that for any member  identified  in  paragraph  (vi)  of  paragraph  (e)  of  this  subdivision,  it  shall only mean a qualifying psychological condition.  (c)  "Qualifying  physical  condition"  shall  mean one or more of the following: (i) diseases of the  upper  respiratory  tract  and  mucosae, including   conditions   such   as   rhinitis,  sinusitis,  pharyngitis, laryngitis, vocal cord disease, and upper airway hyper-reactivity, or  a combination  of  such conditions; (ii) diseases of the lower respiratory tract, including but  not  limited  to  tracheo-bronchitis,  bronchitis, chronic   obstructive   pulmonary   disease,   asthma,  reactive  airway dysfunction syndrome,  and  different  types  of  pneumonitis,  such  as hypersensitivity,  granulomatous, or eosinophilic; (iii) diseases of the gastroesophageal tract, including esophagitis and reflux disease, either acute or chronic, caused by exposure or  aggravated  by  exposure;  (iv) diseases  of  the  skin  such  as  conjunctivitis, contact dermatitis or burns,  either  acute  or  chronic  in  nature,  infectious,   irritant, allergic,  idiopathic  or  non-specific  reactive  in  nature, caused by exposure or aggravated by exposure; or (v) new onset diseases  resulting from  exposure  as  such  diseases occur in the future including cancer, asbestos-related disease, heavy  metal  poisoning,  and  musculoskeletal disease.  (d) "Qualifying psychological condition" shall mean one or more of the following:   (i)   diseases   of   the   psychological  axis,  including post-traumatic stress disorder, anxiety, depression, or any  combination of  such  conditions; or (ii) new onset diseases resulting from exposure as such diseases occur in the  future  including  chronic  psychological disease.  (e)  "Participated  in  World Trade Center rescue, recovery or cleanup operations" shall mean any member who: (i) participated in  the  rescue, recovery,  or  cleanup  operations  at  the  World Trade Center site, as defined in paragraph (f) of this subdivision; (ii) worked at  the  Fresh Kills Land Fill in New York; (iii) worked at the New York city morgue or the  temporary  morgue  on pier locations on the west side of Manhattan; (iv) manned the barges between the west side of Manhattan and the  Fresh Kills  Land  Fill  in  New  York; (v) repaired, cleaned or rehabilitated vehicles or equipment, including emergency vehicle radio equipment owned by the city of New York that were contaminated by debris  in  the  World Trade  Center  site,  as  defined  in paragraph (f) of this subdivision, regardless of whether the work on the repair, cleaning or rehabilitation of said vehicles and equipment was  performed  within  the  World  Trade Center  site,  provided such work was performed prior to decontamination of  such  vehicles  or  equipment;  or  (vi)  worked  in  the  following departments,  worksites  and titles: (A) New York City Police Department at 11 Metrotec Center in Brooklyn or 1 Police Plaza in  Manhattan  as  a Police  Communication  Technician (PCT), Supervisor Police Communication Technician  (SPCT),  Principal  Police   Communication   Technician   I, Principal   Police   Communication   Technician   II,  Principal  Police Communication Technician III, Administrative Manager  -  Communications, or  in  the Police Administrative Aide title series; (B) Fire Department of the City of New York at 35 Empire Boulevard in Brooklyn, 79th  Street Transverse  in Manhattan, 83-98 Woodhaven Boulevard in Queens, 1129 East 180 Street in the Bronx, 65 Slosson Avenue in Staten Island, 9  Metrotec Center  in  Brooklyn,  or  25  Rockaway Avenue in Brooklyn as Fire Alarm Dispatchers  (FAD),  Supervising  Fire  Alarm  Dispatchers   I   (SFAD), Supervising  Fire  Alarm  Dispatchers  II  (Borough  Supervisor), Deputy Director & Director Fire Dispatch Operations, or Assistant  Commissioner for  Communications;  (C)  for  the  Fire  Department of the City of New York's Emergency Medical Service at 1 or 9 Metrotec Centers in Brooklyn, or  55-30  58  Street   in   Maspeth   Queens   as   Emergency   Medical  Specialist-Level   I   (EMT),   Emergency   Medical   Specialist   Level II-(Paramedic), Supervising Emergency Medical Specialist Level  I  (LT), Supervising  Emergency  Medical Specialist Level II (Capt), Deputy Chief EMS  Communications,  or  Division  Commander  EMS  Communications.  For purposes of this paragraph, the term "member" shall include each  person who  during  the  qualifying  period  was  in the employment of a public employer  which  then  participated  for  such  employees  in  a  public retirement  system in this state, irrespective of whether the person was a participant in such system at that time, provided that the person  has become a participant in such retirement system and has purchased service credit  for a period of time that includes some or all of the qualifying period in accordance with provisions of law applicable to such  purchase of service credit.  (f)  "World  Trade  Center  site"  shall  mean  anywhere  below a line starting from the Hudson River and Canal Street; east on Canal Street to Pike Street; south on Pike Street to the East River;  and  extending  to the lower tip of Manhattan.  (g)  "Qualifying period" shall mean: (i) any period of time within the forty-eight hours after the first  airplane  hit  the  towers,  for  any member identified in paragraphs (i) through (v) of paragraph (e) of this subdivision;  (ii)  a  total of forty hours accumulated any time between September eleventh, two thousand one and September twelfth, two thousand two, for any member identified  in  subparagraphs  (i)  through  (v)  of paragraph  (e)  of  this subdivision; or (iii) any period of time within the twenty-four hours after the first airplane hit the towers,  for  any member  identified  in  subparagraph  (vi)  of  paragraph  (e)  of  this subdivision.