§ 302 — Definitions

New York § 302

• Jurisdiction: New York
• Law RSS: Retirement & Social Security
• Title 2: No title
• Art. 8: New York State and Local Police and Fire Retirement System

Text

§ 302. 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\npolice and fire retirement 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 police\nofficers and firefighters.\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 police and fire retirement system with\nrespect to salary received for prior county services,\nsuch term shall mean, at the option of such member, his or her average\nannual compensation, including such fees and salary, earned by him or\nher during any three consecutive years of service with such municipality\nselected by the applicant prior to the date of his or her retirement.\n d. By the adoption, filing and approval, where required, of a\nresolution in the manner provided by section three hundred thirty or\nthree hundred thirty-one of this article, as the case may be, a\nparticipating employer may elect to provide that "Final Average Salary"\nshall mean the regular compensation earned from such participating\nemployer by a member during the twelve months of actual service\nimmediately preceding the date of such employee's retirement, exclusive\nof any lump sum payments for sick leave, or accumulated vacation credit,\nor any form of termination pay; provided, however, if the compensation\nearned in said twelve months exceeds that of the previous twelve months\nby more than twenty per centum, the amount in excess of twenty per\ncentum shall be excluded in the computation of final average salary;\nprovided further, however, that the benefits computed pursuant to this\nparagraph shall be payable unless the member would otherwise be entitled\nto a greater benefit under other provisions of this subdivision, in\nwhich case such greater benefit shall be payable.\n e. (1) Notwithstanding the provisions of paragraph d of this\nsubdivision and of section four hundred thirty-one of this chapter,\ncompensation earned for working vacations shall be considered regular\ncompensation for the purpose of calculating the final average salary\nunder paragraph d of this subdivision of a member whose employer elects\nthe benefit provided under this paragraph and to assume the additional\ncost. The benefit provided for in this paragraph shall be conditioned\nupon the participating employer electing, in a manner similar to that\nprovided in subdivision a of section three hundred thirty of this\narticle, to provide this benefit and assume the additional cost thereof.\nThe additional cost for the election of this option, for a member whose\nemployer is a unit of government in the city of Buffalo, may require a\npast service cost which shall be borne over a five year period from the\ndate of election. The first year payment shall not exceed $1.35 million,\nwith the balance to be paid in four equal annual payments. Such election\nshall only apply to all of the eligible employees who retired on or\nbefore the effective date of this paragraph. Such election must be filed\nwith the comptroller on or before December thirty-first, nineteen\nhundred ninety; provided, however, for a member whose employer is a unit\nof government in the city of Buffalo, such election must be filed with\nthe comptroller on or before December thirty-first, nineteen hundred\nninety-three.\n (2) The benefit provided for in this paragraph shall be paid from\nadditional contributions made by the appropriate participating employer\non account of such members. The actuarial present value of the\nadditional benefits payable pursuant to the provisions of this paragraph\nshall be funded over a five year period. The amount of the annual\npayment in each of the five years shall be determined by the retirement\nsystem actuary and it shall be paid by each of the electing employers\nfor each employee who receives the benefits payable under this\nparagraph. Upon approval of the comptroller, the amount of such required\ncontributions shall be certified by him to the fiscal officer of the\nelecting employer.\n (3) An employer who makes an election under this paragraph shall\nprepare and file with the retirement system a list of the names and\nsocial security numbers of all its employees who retired on or before\nthe effective date of this paragraph who received compensation for\nworking vacation during their last twenty-four months of service. The\nlist shall also contain the amount of working vacation compensation\nearned by each employee during the last twelve months of service.\n (4) For the purposes of this paragraph, the term employer shall mean\nonly a city with a population in excess of fifty thousand in the most\nrecent decennial census recorded prior to the effective date of this\nparagraph.\n 10. "Fiscal year." Any year commencing April first and ending March\nthirty-first next following.\n 11. "Police or fire service." Paid service as follows:\n a. Service as an officer or member of the state police force in the\nexecutive department.\n b. Service as an officer or member of a police force or department of\na state park authority or commission.\n c. Service as an officer or member of an organized police force or\ndepartment of any county, city, town, village, police district,\nauthority or other participating employer.\n d. Service as an officer or member of an organized fire department of\nany county, city, town, village or fire district or other participating\nemployer.\n e. Service as other than an officer or member of an organized police\nor fire department and for which credit is given under the provisions of\nsections three hundred eighty-one, three hundred eighty-one-a, three\nhundred eighty-three, three hundred eighty-three-a, three hundred\neighty-four, three hundred eighty-four-a, three hundred eighty-four-b,\nthree hundred eighty-five, three hundred eighty-five-a, three hundred\neighty-six, three hundred eighty-seven, three hundred eighty-eight.\n * f. Service as a sworn police officer of the division of law\nenforcement in the department of environmental conservation.\n * NB There are two paragraph f's\n * f. Service as a sworn police officer of the capital police force in\nthe office of general services.\n * NB There are two paragraph f's\n g. Service as a fire chief-airport, firefighter-airport, or fire\ncaptain-airport, with the county of Monroe. Such persons shall be deemed\nfirefighters and members of an organized fire department for all\npurposes under this chapter.\n h. Service as an aircraft rescue firefighter with the Niagara frontier\ntransportation authority.\n i. Service as a university police officer appointed by the state\nuniversity of New York pursuant to paragraph l of subdivision two of\nsection three hundred fifty-five of the education law.\n j. Service as a supervisor of forest ranger services; assistant\nsupervisor of forest ranger services; forest ranger 3; forest ranger 2;\nforest ranger 1 employed by the state department of environmental\nconservation or sworn officer of the division of forest protection and\nfire management in the department of environmental conservation\nresponsible for wild land search and rescue, wild land fire management\nin the state as prescribed in subdivision eighteen of section 9-0105 and\ntitle eleven of article nine of the environmental conservation law,\nexercising care, custody and control of state lands administered by the\ndepartment of environmental conservation.\n k. Service as an investigator or sworn officer of the New York\nWaterfront Commission or the waterfront commission of New York harbor.\n 12. "Government service." Paid service as follows:\n a. Service as an officer or employee of an employer, including service\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 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 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, village, fire or police district of\nthe state.\n 15. "Medical board." The board of physicians provided by section three\nhundred seventy-four of this article.\n 16. "Member." Any person included in the membership of the retirement\nsystem as provided in section three hundred forty of this article.\n 17. "Member service."\n a. Any police or fire service rendered in the employ of the state, or\nan agency thereof, subsequent to January first, nineteen hundred\ntwenty-one.\n b. Any police or fire service rendered in the employ of a\nparticipating employer subsequent to the date it becomes a participating\nemployer.\n c. Any police or fire service rendered in the employ of a\nparticipating employer between the first date of its eligibility to\nparticipate in the retirement system and the first day of its actual\nparticipation therein, provided such employer elected to participate\nwithin the first year of its eligibility to do so.\n d. Any service for which credit is given under the provisions of\nsections three hundred eighty-one, three hundred eighty-one-a, three\nhundred eighty-two, three hundred eighty-three, three hundred\neighty-three-a, three hundred eighty-four, three hundred eighty-four-a,\nthree hundred eighty-four-b, three hundred eighty-five, three hundred\neighty-five-a, three hundred eighty-six, three hundred eighty-seven,\nthree hundred eighty-eight.\n 18. "Minimum retirement age." Age sixty, except that as to members who\nshall have elected to contribute on the basis of retirement at the age\nfifty-five, such term shall mean age fifty-five.\n 19. "Municipality." A county, city, town, village, police district or\nfire district or public or quasi-public organization participating as\nprovided in section three hundred thirty-one.\n 20. "Participating employer." Any municipality participating in the\npolice and fire 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\nthree hundred seventy-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 of this chapter, prior to the first\ndate of eligibility of such employer to participate in the state\nemployees' retirement system. In the case of any such participating\nemployer which did not elect to participate in the retirement system\nuntil after its first year of eligibility to so participate, such term\nshall mean, in addition, three-fourths of all government service\nrendered to it between its first date of eligibility to so participate\nand the date when it became a participating employer. The local\nlegislative body of such employer, by resolution duly adopted, may\ndetermine to allow full credit therefor.\n c. Service allowed as prior service by an employer pursuant to section\nthirty-one of this chapter.\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 of that time, are or were or are\nhereafter employees 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 three\nhundred twenty-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 three hundred\ntwenty-one of this article.\n 26. "Regular interest." a. Such term shall mean interest recommended\nby the actuary and promulgated by the comptroller as provided in\nparagraph four of subdivision b of section three hundred eleven of this\narticle, which is in effect on the date of a member's retirement, and\nsuch rate shall be no less than four per centum per annum and at no more\nthan seven per centum per annum, 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 police officers and\nfirefighters who last became members of the New York state and local\nemployees' retirement system on or before June thirtieth, nineteen\nhundred forty-three and who have continuously thereafter been members of\neither such system or the police and fire retirement system and shall\nmean three per centum per annum, compounded annually, in the case of all\nother police officers and firefighters.\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 three hundred\nseventy-a of this article and that per centum by which his contribution\nis suspended as provided in subdivision aa of section three hundred\nseventy-a of this article during the period his employer contributes\npursuant to section three hundred seventy-a of this article toward\npensions-for-increased-take-home-pay, plus regular 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 and local police and fire\nretirement system provided for in section three hundred ten of this\narticle.\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 New York state and local employees' retirement\nsystem and an employee of the state or of a participating employer of\nsuch system at the time he or she entered such armed forces or was an\nemployee of an employer which was not a participating employer at the\ntime he or she entered such armed forces but which elected to become a\nparticipating employer of such system while he or she was absent on\nmilitary duty, or was an employee of the state or of a participating\nemployer or was a teacher as defined in article eleven of the education\nlaw at the time of his or her entrance into the armed forces and became\na member of the police and fire retirement system subsequent to\nseparation or discharge from the armed services, and\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 three\nhundred forty-one of this article. Such service shall not include any\nperiods during which civil compensation was received by the member under\nthe provisions of section two hundred forty-two of the military law or\nsection six of chapter six hundred eight of the laws of nineteen hundred\nfifty-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 New York state and local employees' retirement\nsystem and an employee of the state or of a participating employer of\nsuch system at the time he or she entered such armed forces or was an\nemployee of an employer which was not a participating employer at the\ntime he or she entered such armed forces but which elected to become a\nparticipating employer while he or she was absent on military duty, or\nwas an employee of the state or of a participating employer or was a\nteacher as defined in article eleven of the education law at the time of\nhis or her entrance into the armed forces and became a member of the\npolice and fire retirement system subsequent to separation or discharge\nfrom the armed services, and\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 three hundred\nforty-one of this article. Such service shall not include any periods\nduring which civil compensation was received by the member for accrued\nvacation and overtime credit or under the provisions of section two\nhundred forty-two of the military law or section six of chapter six\nhundred eight of the laws 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 New York state and local employees'\nretirement system and an employee of the state or of a participating\nemployer of such system at the time he or she entered such armed forces\nor became such employee and such member while in such armed forces on or\nbefore July first, nineteen hundred forty-eight, or became such employee\nwhile in such armed forces and subsequently became such member on or\nbefore July first, nineteen hundred forty-eight, or was an employee of\nan employer which was not a participating employer at the time he or she\nentered such armed forces but which elected to become a participating\nemployer while he or she was absent on military duty, or was an employee\nof the state or of a participating employer or was a teacher as defined\nin article eleven of the education law at the time of his or her\nentrance into the armed forces and became a member of the police and\nfire retirement system subsequent to separation or discharge from the\narmed services, and\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, or by a person who was a resident of\nNew York 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 three hundred forty-one of this\nchapter.\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 military service in the armed forces of the United States nor shall\nsuch military service be creditable in the case of a member under any\nother plan who is receiving a military pension (other than for\ndisability) for such service.\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 police and fire service while a member of the\npolice and fire retirement system, all service for which a member has\nreceived credit under a retirement system maintained by the state prior\nto becoming a member of the police and fire retirement system, all prior\nservice certified on a valid prior service certificate, and all service\nin war after world war I certified on a valid military service\ncertificate. For the purposes of this article, a valid certificate\nheretofore issued for service in world war II shall be deemed a\ncertificate 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 three\nhundred thirteen of this article.\n