§ 2 — Definitions

New York § 2

• Jurisdiction: New York
• Law RSS: Retirement & Social Security
• Title 1: No title
• Art. 2: New York State Employees' Retirement System

Text

§ 2. Definitions. The following words and phrases as used in this\narticle shall have the following meanings unless a different meaning is\nplainly required by the context:\n 1. "Accumulated contributions." The sum of all the amounts deducted\nfrom the compensation of a member or contributed by him, standing to the\ncredit of his individual account in the annuity savings fund together\nwith regular interest and special interest, if any, thereon.\n 2. "Annual compensation."\n a. The salary or wages annually earnable by a member, including\nmaintenance, or any allowance in lieu thereof, received by the member.\n b. The compensation earnable and any allowance of expenses or\nmaintenance, or any allowance in lieu thereof, received by a member as a\ndelegate, officer or employee of the conventions to revise and amend the\nconstitution of the state in the years nineteen hundred thirty-eight or\nnineteen hundred sixty-seven or both.\n 3. "Annuity." The annual allowance for life, payable in monthly\ninstallments and derived from a member's accumulated contributions made\npursuant to this article.\n 4. "Annuity reserve." The present value of all payments to be made on\naccount of any annuity or benefit in lieu of any annuity granted as\nprovided in this article, computed upon the basis of regular interest\nand such mortality tables as shall be adopted by the comptroller.\n 5. "Beneficiary." Any person in receipt of a retirement allowance, or\nother benefit pursuant to this article.\n 6. "Comptroller." The comptroller of the state.\n 7. "Department." Any agency of an employer or any unit of government\nemploying persons who are or may be entitled to become members of the\nretirement system.\n 8. "Employer." The state, a participating employer, and any other unit\nof government or organization obligated or agreeing, under this article,\nto make contributions to the retirement system on behalf of its\nemployees.\n 9. "Final average salary."\n a. The average annual compensation of a member for credited government\nservice not exceeding his three years of credited government service\nimmediately preceding his date of retirement.\n b. In the case of a member having credit for three years or more of\nmember service, such term shall mean his highest average annual\ncompensation earned during any three consecutive years of member service\nfor which he is credited, provided that a member by written request,\nfiled with the comptroller prior to the effective date of retirement and\nin form satisfactory to the comptroller, may select any other period of\nthree consecutive years of member service for which he is credited.\n c. In the case of a member who:\n (1) Served as a supervisor of a town when such town was not a\nparticipating employer, and\n (2) Was paid for such services on a fee basis, and\n (3) Upon the town's subsequently becoming a participating employer,\nhas paid contributions to the retirement system with respect to salary\nreceived for prior county services,\nsuch term shall mean, at the option of such member, his average annual\ncompensation, including such fees and salary, earned by him during any\nthree consecutive years of service with such municipality selected by\nthe applicant prior to the date of his retirement.\n 10. "Fiscal year." Any year commencing April first and ending March\nthirty-first next following.\n 11. "Government service." Paid service as follows:\n a. Service as an officer or employee of an employer, including\nservice:\n (1) As a delegate, officer or employee of the conventions to revise\nand amend the constitution of the state in the years nineteen hundred\nthirty-eight or nineteen hundred sixty-seven or both, or\n (2) Rendered to a village which became a city on or before May\ntwenty-fourth, nineteen hundred twenty-three.\n b. Service as a public school teacher in the state rendered while\ncontributing to a local retirement system, subsequently absorbed by the\nstate teachers' retirement system, and where the contributions made\nthereto were not returned to such contributor.\n c. Teaching service in an institution for the instruction of the deaf,\nmute or the blind, which receives state pupils whose instruction and\nsupport are paid for by the state or a participating employer.\n d. Library service from July first, nineteen hundred twenty-two, only\nto the extent that such service is paid from appropriations by a\nparticipating employer.\n e. Service in any city or county institution that became a state\ninstitution on or before May eleventh, nineteen hundred twenty, only to\nthe extent that such service is paid for by the state or by such\ninstitution.\n Except as otherwise specifically provided in this article, service\nrendered on and after January first, nineteen hundred twenty-one, by a\nperson entitled to retirement benefits for civil service employees\npursuant to other laws, wholly or partly at the expense of the state or\nany political subdivision thereof, however, shall not constitute\ngovernment service.\n 12. "Group." Any group created under the provisions of section twelve\nof this article.\n 12-a. "Infant." Any person who has not attained the age of eighteen\nyears.\n 13. "Local legislative body."\n a. In the case of a county, the board of supervisors.\n b. In the case of a city, the council, common council or board of\naldermen and the board of estimate, board of estimate and apportionment\nor board of estimate and contract, if there be one.\n c. In the case of a town, the town board.\n d. In the case of a village, the board of trustees.\n e. In the case of a school district, the board of education, the board\nof trustees, the trustee or trustees.\n f. In the case of any other municipality, the body charged by law with\nthe government or management thereof.\n 14. "Local pension system." Any retirement, pension or annuity fund or\nsystem of any county, city, town or village of the state.\n 15. "Medical board." The board of physicians provided by section\nseventy-four of this article.\n 16. "Member." Any person included in the membership of the retirement\nsystem as provided in section forty of this article.\n 17. "Member service."\n a. Any government service rendered in the employ of the state\nsubsequent to January first, nineteen hundred twenty-one.\n b. Any government service rendered in the employ of a participating\nemployer subsequent to the date it becomes a participating employer.\n c. Any government service rendered in the employ of a county, city,\ntown or village, between the first date of its eligibility to\nparticipate in the retirement system and the first date of its actual\nparticipation therein, provided such municipality elected to so\nparticipate within the first year of its eligibility to do so.\n 18. "Minimum retirement age." Age sixty, except that as to members who\nshall have elected to contribute on the basis of retirement at age\nfifty-five, such term shall mean age fifty-five.\n 19. "Municipality." A county, city, town, village, public authority,\nschool district, police district or fire district, a river improvement,\nriver regulating or drainage district, established by or under the\nsupervision of the department of conservation, or any other local unit\nof government or territorial division of the state by whatever name\ncalled possessing the power (a) to contract indebtedness and (b) to levy\ntaxes or benefit assessments upon real estate or to require the levy of\nsuch taxes or assessments.\n 20. "Participating employer." Any municipality, library, or public or\nquasi-public organization participating in the retirement system.\n 21. "Payroll." Annual compensation earnable by members, when used as a\nbasis for determination of the amount to be contributed by an employer\nto the retirement system.\n 22. "Pension." The annual allowance for life, payable in monthly\ninstallments, derived from contributions made to the pension\naccumulation fund pursuant to this article.\n 22-a. "Pension-providing-for-increased-take-home-pay." The annual\nallowance for life payable in monthly installments derived from\ncontributions made to the pension accumulation fund pursuant to section\nseventy-a of this article.\n 23. "Pension reserve." The present value of all payments to be made on\naccount of any pension, or benefit in lieu of any pension, granted as\nprovided in this article, computed upon the basis of regular interest\nand such mortality tables as shall be adopted by the comptroller.\n 24. "Prior service." Not to exceed a total of thirty-five years of\nservice rendered as follows:\n a. Government service rendered to the state prior to January first,\nnineteen hundred twenty-one.\n b. Government service rendered to a participating employer, other than\nas provided in section thirty-one or thirty-two of this article, prior\nto the first date of eligibility of such employer to participate in the\nretirement system. In the case of any such participating employer which\ndid not elect to participate in the retirement system until after its\nfirst year of eligibility to so participate, such term shall mean, in\naddition, three-fourths of all government service rendered to it between\nits first date of eligibility to so participate and the date when it\nbecame a participating employer. The local legislative body of such\nemployer, by resolution duly adopted, may determine to allow full credit\ntherefor.\n c. Service allowed as prior service by an employer pursuant to section\nthirty-one or thirty-two of this article.\n d. Service of honorably discharged officers, soldiers, sailors,\nmarines and army nurses who were actual residents of the state at the\ntime of their entry into the military service of the United States or,\nif not actual residents of the state at that time, are or were or are\nhereafter employes of a participating employer created by and deriving\nits powers from an agreement between this state and any other state and\nwere actual residents of such other state at the time of their entry\ninto the military service of the United States:\n (1) Rendered in time of war and prior to July second, nineteen hundred\ntwenty-one, or\n (2) Rendered with the American expeditionary forces subsequent to\nNovember eleventh, nineteen hundred eighteen, and prior to June\nthirtieth, nineteen hundred nineteen, provided such entry occurred after\nNovember eleventh, nineteen hundred eighteen.\n e. Service of members of the national guard in the military service of\nthe United States pursuant to the call of the president for Mexican\nborder duty.\n 25. "Rate of normal contribution."\n a. In the case of an employer, the rate of annual contribution\ncomputed pursuant to paragraph one of subdivision b of section\ntwenty-three of this article.\n b. In the case of a member, the basic rate of contribution determined\nwithout modification pursuant to subdivision b of section twenty-one of\nthis article.\n 26. "Regular interest."\n a. Such term shall mean interest recommended by the actuary and\npromulgated by the comptroller as provided in paragraph four of\nsubdivision b of section eleven of this article, which is in effect on\nthe date of a member's retirement, and such rate shall be at no less\nthan four per centum per annum and at no more than seven per centum per\nannum, compounded annually.\n b. However, for purposes of crediting interest to individual accounts\nin the annuity savings fund, such term shall mean four per centum per\nannum, compounded annually, in the case of persons who last became\nmembers on or before June thirtieth, nineteen hundred forty-three and\nshall mean three per centum per annum, compounded annually, in the case\nof persons who last became members on or after July first, nineteen\nhundred forty-three.\n 26-a. "Reserve-for-increased-take-home-pay." The amount of the reserve\nprovided by the employer which shall be equivalent to that per centum of\nthe member's compensation by which his contribution is reduced or would\notherwise be reduced if his rate of contribution equaled or exceeded\neight per centum as provided in subdivision a of section seventy-a of\nthis article and that per centum by which his contribution is suspended\nas provided in subdivision aa of section seventy-a of this article\nduring the period his employer contributes pursuant to section seventy-a\nof this article toward pensions-for-increased-take-home-pay, plus\nregular interest thereon.\n 27. "Retirement allowance." The annuity plus the pension and the\npension-providing-for-increased-take-home-pay, if any.\n 28. "Retirement system." The New York state employees' retirement\nsystem provided for in section ten of this article.\n 29. "Service in the Korean conflict." Military service during the\nperiod commencing June twenty-seventh, nineteen hundred fifty, and\nterminating January thirty-first, nineteen hundred fifty-five, as a\nmember of the armed forces of the United States of any person who:\n a. (1) Has been honorably discharged or released therefrom under\nhonorable circumstances, or (2) has a qualifying condition, as defined\nin section three hundred fifty of the executive law, and has received a\ndischarge other than bad conduct or dishonorable from such service, or\n(3) is a discharged LGBT veteran, as defined in section three hundred\nfifty of the executive law, and has received a discharge other than bad\nconduct or dishonorable from such service, and\n b. Was a resident of this state at the time of his entrance into such\narmed forces, or, if not a resident of this state at that time, was then\nor thereafter became an employee of a participating employer created by\nand deriving its powers from an agreement between this state and any\nother state and was a resident of such other state at the time of his\nentrance into such armed forces, and\n c. Was a member of the retirement system and an employee of the state\nor of a participating employer at the time he entered such armed forces\nor was an employee of an employer which was not a participating employer\nat the time he entered such armed forces but which elected to become a\nparticipating employer while he was absent on military duty, or was an\nemployee of the state or of a participating employer or was a teacher as\ndefined in article eleven of the education law at the time of his\nentrance into the armed forces and became a member of the retirement\nsystem subsequent to separation or discharge from the armed services,\nand\n d. Returned to the employment of the state or a participating\nemployer, within one year following discharge or release or completion\nof advanced education provided under the servicemen's readjustment act\nof nineteen hundred forty-four, certified on a certificate for service\nin war after world war I, and allowable as provided in section forty-one\nof this article. Such service shall not include any periods during which\ncivil compensation was received by the member under the provisions of\nsection two hundred forty-two of the military law or section six of\nchapter six hundred eight of the laws of nineteen hundred fifty-two.\n 29-a. "Emergency service on or after October first, nineteen hundred\nsixty-one." Active duty (other than for training) in the armed forces of\nthe United States as defined in title ten of the United States code on\nor after October first, nineteen hundred sixty-one and terminating on\nAugust thirty-first, nineteen hundred sixty-two, of any person who:\n a. Was a resident of this state at the time of his entrance into such\narmed forces, or, if not a resident of this state at that time, was then\nor thereafter became an employee of a participating employer created by\nand deriving its powers from an agreement between this state and any\nother state and was a resident of such other state at the time of his\nentrance into such armed forces, and\n b. Was a member of the retirement system and an employee of the state\nor of a participating employer at the time he entered such armed forces\nor was an employee of an employer which was not a participating employer\nat the time he entered such armed forces but which elected to become a\nparticipating employer while he was absent on military duty, or was an\nemployee of the state or of a participating employer or was a teacher as\ndefined in article eleven of the education law at the time of his\nentrance into the armed forces and became a member of the retirement\nsystem subsequent to separation or discharge from the armed services,\nand\n c. Returned to the employment of the state or a participating\nemployer, within one year following discharge or release, or completion\nof advanced education provided by the United States for education of\nKorean conflict veterans, certified on a certificate for service in war\nafter world war I, and allowable as provided in section forty-one of\nthis article. Such service shall not include any periods during which\ncivil compensation was received by the member for accrued vacation and\novertime credit or under the provisions of section two hundred forty-two\nof the military law or section six of chapter six hundred eight of the\nlaws of nineteen hundred fifty-two.\n d. Credit under this section shall not accrue to a person who is\nreleased from active duty under conditions other than honorable, unless\nsuch person has a qualifying condition, as defined in section three\nhundred fifty of the executive law, and has received a discharge other\nthan bad conduct or dishonorable from such service, or is a discharged\nLGBT veteran, as defined in section three hundred fifty of the executive\nlaw, and has received a discharge other than bad conduct or dishonorable\nfrom such service.\n 30. "Service in war after world war I." Service in world war II,\nservice in the Korean conflict, or emergency service on or after October\nfirst, nineteen hundred sixty-one.\n 31. "Service in world war II." (1) Military service during the period\ncommencing July first, nineteen hundred forty, and terminating December\nthirty-first, nineteen hundred forty-six, as a member of the armed\nforces of the United States, or service by one who was employed by the\nWar Shipping Administration or Office of Defense Transportation or their\nagents as a merchant seaman documented by the United States Coast Guard\nor Department of Commerce, or as a civil servant employed by the United\nStates Army Transport Service (later redesignated as the United States\nArmy Transportation Corps, Water Division) or the Naval Transportation\nService; and who served satisfactorily as a crew member during the\nperiod of armed conflict, December seventh, nineteen hundred forty-one,\nto August fifteenth, nineteen hundred forty-five, aboard merchant\nvessels in oceangoing, i.e., foreign, intercoastal, or coastwise service\nas such terms are defined under federal law (46 USCA 10301 & 10501) and\nfurther to include "near foreign" voyages between the United States and\nCanada, Mexico, or the West Indies via ocean routes, or public vessels\nin oceangoing service or foreign waters and who has received a\nCertificate of Release or Discharge from Active Duty and a discharge\ncertificate, or an Honorable Service Certificate/Report of Casualty,\nfrom the Department of Defense, or service by one who served as a United\nStates civilian employed by the American Field Service and served\noverseas under United States Armies and United States Army Groups in\nworld war II during the period of armed conflict, December seventh,\nnineteen hundred forty-one through May eighth, nineteen hundred\nforty-five, and who (i) was discharged or released therefrom under\nhonorable conditions, or (ii) has a qualifying condition, as defined in\nsection three hundred fifty of the executive law, and has received a\ndischarge other than bad conduct or dishonorable from such service, or\n(iii) is a discharged LGBT veteran, as defined in section three hundred\nfifty of the executive law, and has received a discharge other than bad\nconduct or dishonorable from such service, or service by one who served\nas a United States civilian Flight Crew and Aviation Ground Support\nEmployee of Pan American World Airways or one of its subsidiaries or its\naffiliates and served overseas as a result of Pan American's contract\nwith Air Transport Command or Naval Air Transport Service during the\nperiod of armed conflict, December fourteenth, nineteen hundred\nforty-one through August fourteenth, nineteen hundred forty-five, and\nwho (iv) was discharged or released therefrom under honorable\nconditions, or (v) has a qualifying condition, as defined in section\nthree hundred fifty of the executive law, and has received a discharge\nother than bad conduct or dishonorable from such service, or (vi) is a\ndischarged LGBT veteran, as defined in section three hundred fifty of\nthe executive law, and has received a discharge other than bad conduct\nor dishonorable from such service, or of any person who:\n a. (i) Has been honorably discharged or released therefrom under\nhonorable circumstances, or (ii) has a qualifying condition, as defined\nin section three hundred fifty of the executive law, and has received a\ndischarge other than bad conduct or dishonorable from such service, or\n(iii) is a discharged LGBT veteran, as defined in section three hundred\nfifty of the executive law, and has received a discharge other than bad\nconduct or dishonorable from such service, and\n b. Was a resident of this state at the time of his entrance into such\narmed forces, or, if not a resident of this state at that time, was then\nor thereafter became an employee of a participating employer created by\nand deriving its powers from an agreement between this state and any\nother state and was a resident of such other state at the time of his\nentrance into such armed forces, and\n c. Was either a member of the retirement system and an employee of the\nstate or of a participating employer at the time he entered such armed\nforces or became such employee and such member while in such armed\nforces on or before July first, nineteen hundred forty-eight, or became\nsuch employee while in such armed forces and subsequently became such\nmember on or before July first, nineteen hundred forty-eight, or was an\nemployee of an employer which was not a participating employer at the\ntime he entered such armed forces but which elected to become a\nparticipating employer while he was absent on military duty, or was an\nemployee of the state or of a participating employer or was a teacher as\ndefined in article eleven of the education law at the time of his\nentrance into the armed forces and became a member of the retirement\nsystem subsequent to separation or discharge from the armed services,\nand\n d. Returned to the employment of the state or a participating\nemployer, within one year following discharge or release or completion\nof advanced education provided under the servicemen's readjustment act\nof nineteen hundred forty-four, certified on a world war II military\nservice certificate, and allowable as provided in section forty-one of\nthis article. Such service shall not include any periods during which\ncivil compensation was received by the member under the provisions of\nsection two hundred forty-two of the military law, or section six of\nchapter six hundred eight of the laws of nineteen hundred fifty-two; or\n (2) Military service, not in excess of three years and not otherwise\ncreditable under paragraph one hereof, rendered on active duty in the\narmed forces of the United States during the period commencing July\nfirst, nineteen hundred forty, and terminating December thirty-first,\nnineteen hundred forty-six, or service by one who was employed by the\nWar Shipping Administration or Office of Defense Transportation or their\nagents as a merchant seaman documented by the United States Coast Guard\nor Department of Commerce, or as a civil servant employed by the United\nStates Army Transport Service (later redesignated as the United States\nArmy Transportation Corps, Water Division) or the Naval Transportation\nService; and who served satisfactorily as a crew member during the\nperiod of armed conflict, December seventh, nineteen hundred forty-one,\nto August fifteenth, nineteen hundred forty-five, aboard merchant\nvessels in oceangoing, i.e., foreign, intercoastal, or coastwise service\nas such terms are defined under federal law (46 USCA 10301 & 10501) and\nfurther to include "near foreign" voyages between the United States and\nCanada, Mexico, or the West Indies via ocean routes, or public vessels\nin oceangoing service or foreign waters and who has received a\nCertificate of Release or Discharge from Active Duty and a discharge\ncertificate, or an Honorable Service Certificate/Report of Casualty,\nfrom the Department of Defense, or service by one who served as a United\nStates civilian employed by the American Field Service and served\noverseas under United States Armies and United States Army Groups in\nworld war II during the period of armed conflict, December seventh,\nnineteen hundred forty-one through May eighth, nineteen hundred\nforty-five, and who (i) was discharged or released therefrom under\nhonorable conditions, or (ii) has a qualifying condition, as defined in\nsection three hundred fifty of the executive law, and has received a\ndischarge other than bad conduct or dishonorable from such service, or\n(iii) is a discharged LGBT veteran, as defined in section three hundred\nfifty of the executive law, and has received a discharge other than bad\nconduct or dishonorable from such service, or service by one who served\nas a United States civilian Flight Crew and Aviation Ground Support\nEmployee of Pan American World Airways or one of its subsidiaries or its\naffiliates and served overseas as a result of Pan American's contract\nwith Air Transport Command or Naval Air Transport Service during the\nperiod of armed conflict, December fourteenth, nineteen hundred\nforty-one through August fourteenth, nineteen hundred forty-five, and\nwho (iv) was discharged or released therefrom under honorable\nconditions, or (v) has a qualifying condition, as defined in section\nthree hundred fifty of the executive law, and has received a discharge\nother than bad conduct or dishonorable from such service, or (vi) is a\ndischarged LGBT veteran, as defined in section three hundred fifty of\nthe executive law, and has received a discharge other than bad conduct\nor dishonorable from such service, by a person who was a resident of New\nYork state at the time of entry into such service and at the time of\nbeing discharged therefrom (vii) under honorable circumstances, or\n(viii) with a qualifying condition, as defined in section three hundred\nfifty of the executive law, and received a discharge other than bad\nconduct or dishonorable from such service, or (ix) as a discharged LGBT\nveteran, as defined in section three hundred fifty of the executive law,\nand received a discharge other than bad conduct or dishonorable from\nsuch service, or, if not a resident of this state at such times was then\nor thereafter became an employee of a participating employer created by\nand deriving its powers from an agreement between this state and any\nother state, and was a resident of such other state at the time of entry\ninto and discharge from such service, and who makes the payments\nrequired by subdivision k of section forty-one of this article.\n However, no military service shall be creditable under this paragraph\ntwo in the case of a member under an existing plan permitting retirement\nupon twenty years of creditable service who is receiving a federal\npension (other than for disability) based upon a minimum of twenty years\nof full time active military service in the armed forces of the United\nStates nor shall any military service be creditable in the case of a\nmember under any other plan who is receiving a military pension (other\nthan for disability) for military service in the armed forces of the\nUnited States.\n 32. "Service retirement benefit." Any type of retirement benefit\nprovided by this article and payable out of the pension reserve fund,\nexcept the ordinary disability retirement, accidental disability\nretirement, discontinued service retirement, ordinary death and\naccidental death benefit.\n 33. "State." The state of New York.\n 34. "Total service." All member service for which a member is\ncredited, all prior service certified on a valid prior service\ncertificate, and all service in war after world war I certified on a\nvalid military service certificate. For the purposes of this article, a\nvalid certificate heretofore issued for service in world war II shall be\ndeemed a certificate for service in war after world war I.\n 35. "Special interest." A distribution to the annuity savings fund, in\naddition to regular interest, to be credited to the annuity savings\naccounts of members, the size of this distribution, if any, to be\ndetermined pursuant to the provisions of subdivision i of section\nthirteen of this article.\n 36. (a) "Qualifying World Trade Center condition" shall mean a\nqualifying condition or impairment of health resulting in disability to\na member who participated in World Trade Center rescue, recovery or\ncleanup operations for a qualifying period, as those terms are defined\nbelow, provided the following conditions have been met: (i) such member,\nor eligible beneficiary in the case of the member's death, must have\neither filed a written and sworn statement with the member's retirement\nsystem on a form provided by such system, or as allowed by the member's\nretirement system, electronically submitted a statement on a form\nprovided by such system through a secure online portal maintained by the\nmember's retirement system that has duly validated the member's\nidentity, indicating the underlying dates and locations of employment\nnot later than September eleventh, two thousand twenty-six, and (ii)\nsuch member has either successfully passed a physical examination for\nentry into public service, or authorized release of all relevant medical\nrecords, if the member did not undergo a physical examination for entry\ninto public service; and (iii) there is no evidence of the qualifying\ncondition or impairment of health that formed the basis for the\ndisability in such physical examination for entry into public service or\nin the relevant medical records, prior to September eleventh, two\nthousand one except for such member, or eligible beneficiary in the case\nof the member's death, of a local retirement system of a city with a\npopulation of one million or more that is covered by section 13-551 of\nthe administrative code of the city of New York, or by section\ntwenty-five hundred seventy-five of the education law and for such\nmember who separated from service with vested rights, or eligible\nbeneficiary of such member who separated from service with vested rights\nin the case of the member's death, of a local retirement system of a\ncity with a population of one million or more who are covered by\nsections 13-168, 13-252.1 or 13-353.1 of the administrative code of the\ncity of New York or sections five hundred seven-c, six hundred five-b,\nsix hundred five-c, or six hundred seven-b of this chapter. The deadline\nfor filing a written and sworn statement required by subparagraph (i) of\nthis paragraph shall be September eleventh, two thousand twenty-six for\nsuch member, or eligible beneficiary in the case of the member's death,\nof a local retirement system of a city with a population of one million\nor more that is covered by section 13-551 of the administrative code of\nthe city of New York, or by section twenty-five hundred seventy-five of\nthe education law and for such member who separated from service with\nvested rights, or eligible beneficiary of such member who separated from\nservice with vested rights in the case of the member's death, of a local\nretirement system of a city with a population of one million or more who\nare covered by sections 13-168, 13-252.1 or 13-353.1 of the\nadministrative code of the city of New York and sections five hundred\nseven-c, six hundred five-b, six hundred five-c, or six hundred seven-b\nof this chapter. Every retirement system shall keep a copy of every\nwritten and sworn statement that is presented for filing not later than\nSeptember eleventh, two thousand twenty-six, including those that are\nrejected for filing as untimely.\n (b) "Qualifying condition or impairment of health" shall mean a\nqualifying physical condition, or a qualifying psychological condition,\nor both, except that for any member identified in paragraph (vi) of\nparagraph (e) of this subdivision, it shall only mean a qualifying\npsychological condition.\n (c) "Qualifying physical condition" shall mean one or more of the\nfollowing: (i) diseases of the upper respiratory tract and mucosae,\nincluding conditions such as rhinitis, sinusitis, pharyngitis,\nlaryngitis, vocal cord disease, and upper airway hyper-reactivity, or a\ncombination of such conditions; (ii) diseases of the lower respiratory\ntract, including but not limited to tracheo-bronchitis, bronchitis,\nchronic obstructive pulmonary disease, asthma, reactive airway\ndysfunction syndrome, and different types of pneumonitis, such as\nhypersensitivity, granulomatous, or eosinophilic; (iii) diseases of the\ngastroesophageal tract, including esophagitis and reflux disease, either\nacute or chronic, caused by exposure or aggravated by exposure; (iv)\ndiseases of the skin such as conjunctivitis, contact dermatitis or\nburns, either acute or chronic in nature, infectious, irritant,\nallergic, idiopathic or non-specific reactive in nature, caused by\nexposure or aggravated by exposure; or (v) new onset diseases resulting\nfrom exposure as such diseases occur in the future including cancer,\nasbestos-related disease, heavy metal poisoning, and musculoskeletal\ndisease.\n (d) "Qualifying psychological condition" shall mean one or more of the\nfollowing: (i) diseases of the psychological axis, including\npost-traumatic stress disorder, anxiety, depression, or any combination\nof such conditions; or (ii) new onset diseases resulting from exposure\nas such diseases occur in the future including chronic psychological\ndisease.\n (e) "Participated in World Trade Center rescue, recovery or cleanup\noperations" shall mean any member who: (i) participated in the rescue,\nrecovery, or cleanup operations at the World Trade Center site, as\ndefined in paragraph (f) of this subdivision; (ii) worked at the Fresh\nKills Land Fill in New York; (iii) worked at the New York city morgue or\nthe temporary morgue on pier locations on the west side of Manhattan;\n(iv) manned the barges between the west side of Manhattan and the Fresh\nKills Land Fill in New York; (v) repaired, cleaned or rehabilitated\nvehicles or equipment, including emergency vehicle radio equipment owned\nby the city of New York that were contaminated by debris in the World\nTrade Center site, as defined in paragraph (f) of this subdivision,\nregardless of whether the work on the repair, cleaning or rehabilitation\nof said vehicles and equipment was performed within the World Trade\nCenter site, provided such work was performed prior to decontamination\nof such vehicles or equipment; or (vi) worked in the following\ndepartments, worksites and titles: (A) New York City Police Department\nat 11 Metrotec Center in Brooklyn or 1 Police Plaza in Manhattan as a\nPolice Communication Technician (PCT), Supervisor Police Communication\nTechnician (SPCT), Principal Police Communication Technician I,\nPrincipal Police Communication Technician II, Principal Police\nCommunication Technician III, Administrative Manager - Communications,\nor in the Police Administrative Aide title series; (B) Fire Department\nof the City of New York at 35 Empire Boulevard in Brooklyn, 79th Street\nTransverse in Manhattan, 83-98 Woodhaven Boulevard in Queens, 1129 East\n180 Street in the Bronx, 65 Slosson Avenue in Staten Island, 9 Metrotec\nCenter in Brooklyn, or 25 Rockaway Avenue in Brooklyn as Fire Alarm\nDispatchers (FAD), Supervising Fire Alarm Dispatchers I (SFAD),\nSupervising Fire Alarm Dispatchers II (Borough Supervisor), Deputy\nDirector & Director Fire Dispatch Operations, or Assistant Commissioner\nfor Communications; (C) for the Fire Department of the City of New\nYork's Emergency Medical Service at 1 or 9 Metrotec Centers in Brooklyn,\nor 55-30 58 Street in Maspeth Queens as Emergency Medical\nSpecialist-Level I (EMT), Emergency Medical Specialist Level\nII-(Paramedic), Supervising Emergency Medical Specialist Level I (LT),\nSupervising Emergency Medical Specialist Level II (Capt), Deputy Chief\nEMS Communications, or Division Commander EMS Communications. For\npurposes of this paragraph, the term "member" shall include each person\nwho during the qualifying period was in the employment of a public\nemployer which then participated for such employees in a public\nretirement system in this state, irrespective of whether the person was\na participant in such system at that time, provided that the person has\nbecome a participant in such retirement system and has purchased service\ncredit for a period of time that includes some or all of the qualifying\nperiod in accordance with provisions of law applicable to such purchase\nof service credit.\n (f) "World Trade Center site" shall mean anywhere below a line\nstarting from the Hudson River and Canal Street; east on Canal Street to\nPike Street; south on Pike Street to the East River; and extending to\nthe lower tip of Manhattan.\n (g) "Qualifying period" shall mean: (i) any period of time within the\nforty-eight hours after the first airplane hit the towers, for any\nmember identified in paragraphs (i) through (v) of paragraph (e) of this\nsubdivision; (ii) a total of forty hours accumulated any time between\nSeptember eleventh, two thousand one and September twelfth, two thousand\ntwo, for any member identified in subparagraphs (i) through (v) of\nparagraph (e) of this subdivision; or (iii) any period of time within\nthe twenty-four hours after the first airplane hit the towers, for any\nmember identified in subparagraph (vi) of paragraph (e) of this\nsubdivision.\n