NY Ret & SS L § 302 (2021)
2021 New York Laws RSS - Retirement and Social Security Article 8 - New York State and Local Police and Fire Retirement System Title 2 302 - Definitions.

§  302.  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 police and fire 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  police officers and firefighters.   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 police and  fire  retirement  system  with respect to salary received for prior county services, such  term  shall mean, at the option of such member, his or her average annual compensation, including such fees and salary, earned  by  him  or her during any three consecutive years of service with such municipality selected by the applicant prior to the date of his or her retirement.   d.  By  the  adoption,  filing  and  approval,  where  required,  of a resolution in the manner provided by section  three  hundred  thirty  or three  hundred  thirty-one  of  this  article,  as  the  case  may be, a participating employer may elect to provide that "Final Average  Salary"  shall  mean  the  regular  compensation  earned  from such participating employer by  a  member  during  the  twelve  months  of  actual  service immediately  preceding the date of such employee's retirement, exclusive of any lump sum payments for sick leave, or accumulated vacation credit, or  any  form of termination pay; provided, however, if the compensation earned in said twelve months exceeds that of the previous twelve  months by  more  than  twenty  per  centum,  the amount in excess of twenty per centum shall be excluded in the computation  of  final  average  salary; provided  further,  however, that the benefits computed pursuant to this paragraph shall be payable unless the member would otherwise be entitled to a greater benefit under other  provisions  of  this  subdivision,  in which case such greater benefit shall be payable.   e.   (1)  Notwithstanding  the  provisions  of  paragraph  d  of  this subdivision and of section four  hundred  thirty-one  of  this  chapter, compensation  earned  for  working vacations shall be considered regular compensation for the purpose of calculating  the  final  average  salary under  paragraph d of this subdivision of a member whose employer elects the benefit provided under this paragraph and to assume  the  additional cost.  The  benefit  provided for in this paragraph shall be conditioned upon the participating employer electing, in a manner  similar  to  that provided  in  subdivision  a  of  section  three  hundred thirty of this article, to provide this benefit and assume the additional cost thereof. The additional cost for the election of this option, for a member  whose employer  is  a unit of government in the city of Buffalo, may require a past service cost which shall be borne over a five year period from  the date of election. The first year payment shall not exceed $1.35 million, with the balance to be paid in four equal annual payments. Such election shall  only  apply  to  all  of the eligible employees who retired on or before the effective date of this paragraph. Such election must be filed with the  comptroller  on  or  before  December  thirty-first,  nineteen hundred ninety; provided, however, for a member whose employer is a unit of  government  in the city of Buffalo, such election must be filed with the comptroller on or before  December  thirty-first,  nineteen  hundred ninety-three.  (2)  The  benefit  provided  for  in this paragraph shall be paid from additional contributions made by the appropriate participating  employer on  account  of  such  members.  The  actuarial  present  value  of  the additional benefits payable pursuant to the provisions of this paragraph shall be funded over a five  year  period.  The  amount  of  the  annual payment  in each of the five years shall be determined by the retirement system actuary and it shall be paid by each of  the  electing  employers for   each  employee  who  receives  the  benefits  payable  under  this paragraph. Upon approval of the comptroller, the amount of such required contributions shall be certified by him to the  fiscal  officer  of  the electing employer.  (3)  An  employer  who  makes  an  election under this paragraph shall prepare and file with the retirement system a  list  of  the  names  and social  security  numbers  of all its employees who retired on or before the effective date of  this  paragraph  who  received  compensation  for working  vacation  during  their last twenty-four months of service. The list shall also contain the  amount  of  working  vacation  compensation earned by each employee during the last twelve months of service.  (4)  For  the purposes of this paragraph, the term employer shall mean only a city with a population in excess of fifty thousand  in  the  most recent  decennial  census  recorded  prior to the effective date of this paragraph.   10. "Fiscal year." Any year commencing April first  and  ending  March thirty-first next following.    11. "Police or fire service." Paid service as follows:   a.  Service  as  an officer or member of the state police force in the executive department.   b. Service as an officer or member of a police force or department  of a state park authority or commission.   c.  Service  as  an  officer or member of an organized police force or department  of  any  county,  city,  town,  village,  police   district, authority or other participating employer.   d.  Service as an officer or member of an organized fire department of any county, city, town, village or fire district or other  participating employer.   e.  Service  as other than an officer or member of an organized police or fire department and for which credit is given under the provisions of sections three hundred eighty-one,  three  hundred  eighty-one-a,  three hundred   eighty-three,  three  hundred  eighty-three-a,  three  hundred eighty-four, three hundred eighty-four-a, three  hundred  eighty-four-b, three  hundred  eighty-five,  three hundred eighty-five-a, three hundred eighty-six, three hundred eighty-seven, three hundred eighty-eight.   * f. Service as  a  sworn  police  officer  of  the  division  of  law enforcement in the department of environmental conservation.   * NB There are two paragraph f's   * f.  Service as a sworn police officer of the capital police force in the office of general services.   * NB There are two paragraph f's   g. Service as  a  fire  chief-airport,  firefighter-airport,  or  fire captain-airport, with the county of Monroe. Such persons shall be deemed firefighters  and  members  of  an  organized  fire  department  for all purposes under this chapter.   h. Service as an aircraft rescue firefighter with the Niagara frontier transportation authority.   i. Service as a university  police  officer  appointed  by  the  state university  of  New  York  pursuant to paragraph l of subdivision two of section three hundred fifty-five of the education law.   j. Service as  a  supervisor  of  forest  ranger  services;  assistant supervisor  of forest ranger services; forest ranger 3; forest ranger 2; forest ranger 1  employed  by  the  state  department  of  environmental conservation  or  sworn officer of the division of forest protection and fire  management  in  the  department  of   environmental   conservation responsible  for  wild land search and rescue, wild land fire management in the state as prescribed in subdivision eighteen of section 9-0105 and title eleven of article nine  of  the  environmental  conservation  law, exercising  care, custody and control of state lands administered by the department of environmental conservation.   12. "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.   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 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, village, fire or police district of the state.   15. "Medical board." The board of physicians provided by section three hundred seventy-four of this article.   16. "Member." Any person included in the membership of the  retirement system as provided in section three hundred forty of this article.   17. "Member service."   a.  Any police or fire service rendered in the employ of the state, or an  agency  thereof,  subsequent  to  January  first,  nineteen  hundred twenty-one.   b.   Any   police  or  fire  service  rendered  in  the  employ  of  a participating employer subsequent to the date it becomes a participating employer.   c.  Any  police  or  fire  service  rendered  in  the  employ   of   a participating  employer  between  the  first  date of its eligibility to participate in the retirement system and the first  day  of  its  actual participation  therein,  provided  such  employer elected to participate within the first year of its eligibility to do so.   d. Any service for which credit  is  given  under  the  provisions  of sections  three  hundred  eighty-one,  three hundred eighty-one-a, three hundred  eighty-two,   three   hundred   eighty-three,   three   hundred eighty-three-a,  three hundred eighty-four, three hundred eighty-four-a, three hundred eighty-four-b, three hundred  eighty-five,  three  hundred eighty-five-a,  three  hundred  eighty-six,  three hundred eighty-seven, three hundred eighty-eight.   18. "Minimum retirement age." Age sixty, except that as to members who shall have elected to contribute on the basis of retirement at  the  age fifty-five, such term shall mean age fifty-five.   19.  "Municipality." A county, city, town, village, police district or fire district or public or quasi-public  organization  participating  as provided in section three hundred thirty-one.   20.  "Participating  employer."  Any municipality participating in the police and fire 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 three hundred 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 of this chapter, prior to the first date of eligibility  of  such  employer  to  participate  in  the  state employees'  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 of this chapter.   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 of that time, are or were or are hereafter employees 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 three hundred 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 three hundred 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 three hundred eleven of  this article,  which  is  in effect on the date of a member's retirement, and such rate shall be 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  police  officers   and  firefighters  who  last  became  members of the New York state and local employees' retirement system  on  or  before  June  thirtieth,  nineteen hundred forty-three and who have continuously thereafter been members of either  such  system  or the police and fire retirement system and shall mean three per centum per annum, compounded annually, in the case of all other police officers and firefighters.   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  three  hundred seventy-a  of this article and that per centum by which his contribution is suspended as provided in subdivision  aa  of  section  three  hundred seventy-a  of  this  article  during the period his employer contributes pursuant to section three  hundred  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 and local police and  fire retirement  system  provided  for  in  section three hundred 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 New York state and local employees' retirement system and an employee of the state or of a  participating  employer  of such  system  at  the time he or she entered such armed forces or was an employee of an employer which was not a participating  employer  at  the time  he  or she entered such armed forces but which elected to become a participating employer of such system while he  or  she  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 or her entrance into the armed forces and became a member  of  the  police  and  fire  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 three hundred 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 New York state and local employees' retirement system and an employee of the state or of a  participating  employer  of such  system  at  the time he or she entered such armed forces or was an employee of an employer which was not a participating  employer  at  the time  he  or she entered such armed forces but which elected to become a participating employer while he or she 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 or her entrance into the armed forces and became  a  member  of  the police  and fire 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  three  hundred 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 New York state and local employees' retirement system and an employee of the state  or  of  a  participating employer  of such system at the time he or she 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 or she entered such armed forces but which elected to  become  a  participating employer while he or she 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  or  her entrance  into  the  armed  forces and became a member of the police and fire 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, or 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 three hundred forty-one of this chapter.   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 military service in the armed forces of the United States  nor  shall such  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 such service.   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 police and fire service while a member of the police  and  fire  retirement system, all service for which a member has received credit under a retirement system maintained by the state  prior to becoming a member of the police and fire retirement system, 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 three hundred thirteen of this article.