2023 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.  (1)  Has  been  honorably  discharged  or released therefrom under
honorable circumstances, or (2) has a qualifying condition,  as  defined
in  section three hundred fifty of the executive law, and has received a
discharge other than bad conduct or dishonorable from such  service,  or
(3)  is  a  discharged LGBT veteran, as defined in section three hundred
fifty of the executive law, and has received a discharge other than  bad
conduct or dishonorable from such service, 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, unless
such person has a qualifying condition,  as  defined  in  section  three
hundred  fifty  of the executive law, and has received a discharge other
than bad conduct or dishonorable from such service, or is  a  discharged
LGBT veteran, as defined in section three hundred fifty of the executive
law, and has received a discharge other than bad conduct or dishonorable
from such service.
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 (i)  was  discharged  or  released  therefrom  under
honorable  conditions, or (ii) has a qualifying condition, as defined in
section three hundred fifty of the executive law,  and  has  received  a
discharge  other  than bad conduct or dishonorable from such service, or
(iii) is a discharged LGBT veteran, as defined in section three  hundred
fifty  of the executive law, and has received a discharge other than bad
conduct or dishonorable from such service, 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  (iv)  was  discharged  or  released   therefrom   under   honorable
conditions,  or  (v)  has  a qualifying condition, as defined in section
three hundred fifty of the executive law, and has received  a  discharge
other  than  bad conduct or dishonorable from such service, or (vi) is a
discharged LGBT veteran, as defined in section three  hundred  fifty  of
the  executive  law, and has received a discharge other than bad conduct
or dishonorable from such service, or of any person who:
a. (i) Has been  honorably  discharged  or  released  therefrom  under
honorable  circumstances, or (ii) has a qualifying condition, as defined
in section three hundred fifty of the executive law, and has received  a
discharge  other  than bad conduct or dishonorable from such service, or
(iii) is a discharged LGBT veteran, as defined in section three  hundred
fifty  of the executive law, and has received a discharge other than bad
conduct or dishonorable from such service, 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  (i)  was  discharged  or released therefrom under
honorable conditions, or (ii) has a qualifying condition, as defined  in
section  three  hundred  fifty  of the executive law, and has received a
discharge other than bad conduct or dishonorable from such  service,  or
(iii)  is a discharged LGBT veteran, as defined in section three hundred
fifty of the executive law, and has received a discharge other than  bad
conduct  or dishonorable from such service, 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   (iv)   was   discharged  or  released  therefrom  under  honorable
conditions, or (v) has a qualifying condition,  as  defined  in  section
three  hundred  fifty of the executive law, and has received a discharge
other than bad conduct or dishonorable from such service, or (vi)  is  a
discharged  LGBT  veteran,  as defined in section three hundred fifty of
the executive law, and has received a discharge other than  bad  conduct
or dishonorable from such service, 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  (vii)  under  honorable  circumstances,  or
(viii)  with a qualifying condition, as defined in section three hundred
fifty of the executive law, and received  a  discharge  other  than  bad
conduct  or dishonorable from such service, or (ix) as a discharged LGBT
veteran, as defined in section three hundred fifty of the executive law,
and received a discharge other than bad  conduct  or  dishonorable  from
such service, 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-six, 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-six  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-six, 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.