2023 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.
* k. Service as an investigator or sworn  officer  of  the  waterfront
commission  of  New York harbor or the commission created by section six
of chapter eight hundred eighty-two of  the  laws  of  nineteen  hundred
fifty-three, constituting the waterfront commission act, as amended.
* NB Effective until June 30, 2024
* k.  Service  as  an  investigator  or  sworn officer of the New York
Waterfront Commission or the waterfront commission of New York harbor.
* NB Effective June 30, 2024
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. (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 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,  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 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  (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 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 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.