N.Y. Retirement & Social Security Law § 2: Definitions

§ 2. Definitions. The following words and phrases as used in this

article shall have the following meanings unless a different meaning is

plainly required by the context:

1. "Accumulated contributions." The sum of all the amounts deducted

from the compensation of a member or contributed by him, standing to the

credit of his individual account in the annuity savings fund together

with regular interest and special interest, if any, thereon.

2. "Annual compensation."

a. The salary or wages annually earnable by a member, including

maintenance, or any allowance in lieu thereof, received by the member.

b. The compensation earnable and any allowance of expenses or

maintenance, or any allowance in lieu thereof, received by a member as a

delegate, officer or employee of the conventions to revise and amend the

constitution of the state in the years nineteen hundred thirty-eight or

nineteen hundred sixty-seven or both.

3. "Annuity." The annual allowance for life, payable in monthly

installments and derived from a member's accumulated contributions made

pursuant to this article.

4. "Annuity reserve." The present value of all payments to be made on

account of any annuity or benefit in lieu of any annuity granted as

provided in this article, computed upon the basis of regular interest

and such mortality tables as shall be adopted by the comptroller.

5. "Beneficiary." Any person in receipt of a retirement allowance, or

other benefit pursuant to this article.

6. "Comptroller." The comptroller of the state.

7. "Department." Any agency of an employer or any unit of government

employing persons who are or may be entitled to become members of the

retirement system.

8. "Employer." The state, a participating employer, and any other unit

of government or organization obligated or agreeing, under this article,

to make contributions to the retirement system on behalf of its

employees.

9. "Final average salary."

a. The average annual compensation of a member for credited government

service not exceeding his three years of credited government service

immediately preceding his date of retirement.

b. In the case of a member having credit for three years or more of

member service, such term shall mean his highest average annual

compensation earned during any three consecutive years of member service

for which he is credited, provided that a member by written request,

filed with the comptroller prior to the effective date of retirement and

in form satisfactory to the comptroller, may select any other period of

three consecutive years of member service for which he is credited.

c. In the case of a member who:

(1) Served as a supervisor of a town when such town was not a

participating employer, and

(2) Was paid for such services on a fee basis, and

(3) Upon the town's subsequently becoming a participating employer,

has paid contributions to the retirement system with respect to salary

received for prior county services,

such term shall mean, at the option of such member, his average annual

compensation, including such fees and salary, earned by him during any

three consecutive years of service with such municipality selected by

the applicant prior to the date of his retirement.

10. "Fiscal year." Any year commencing April first and ending March

thirty-first next following.

11. "Government service." Paid service as follows:

a. Service as an officer or employee of an employer, including

service:

(1) As a delegate, officer or employee of the conventions to revise

and amend the constitution of the state in the years nineteen hundred

thirty-eight or nineteen hundred sixty-seven or both, or

(2) Rendered to a village which became a city on or before May

twenty-fourth, nineteen hundred twenty-three.

b. Service as a public school teacher in the state rendered while

contributing to a local retirement system, subsequently absorbed by the

state teachers' retirement system, and where the contributions made

thereto were not returned to such contributor.

c. Teaching service in an institution for the instruction of the deaf,

mute or the blind, which receives state pupils whose instruction and

support are paid for by the state or a participating employer.

d. Library service from July first, nineteen hundred twenty-two, only

to the extent that such service is paid from appropriations by a

participating employer.

e. Service in any city or county institution that became a state

institution on or before May eleventh, nineteen hundred twenty, only to

the extent that such service is paid for by the state or by such

institution.

Except as otherwise specifically provided in this article, service

rendered on and after January first, nineteen hundred twenty-one, by a

person entitled to retirement benefits for civil service employees

pursuant to other laws, wholly or partly at the expense of the state or

any political subdivision thereof, however, shall not constitute

government service.

12. "Group." Any group created under the provisions of section twelve

of this article.

12-a. "Infant." Any person who has not attained the age of eighteen

years.

13. "Local legislative body."

a. In the case of a county, the board of supervisors.

b. In the case of a city, the council, common council or board of

aldermen and the board of estimate, board of estimate and apportionment

or board of estimate and contract, if there be one.

c. In the case of a town, the town board.

d. In the case of a village, the board of trustees.

e. In the case of a school district, the board of education, the board

of trustees, the trustee or trustees.

f. In the case of any other municipality, the body charged by law with

the government or management thereof.

14. "Local pension system." Any retirement, pension or annuity fund or

system of any county, city, town or village of the state.

15. "Medical board." The board of physicians provided by section

seventy-four of this article.

16. "Member." Any person included in the membership of the retirement

system as provided in section forty of this article.

17. "Member service."

a. Any government service rendered in the employ of the state

subsequent to January first, nineteen hundred twenty-one.

b. Any government service rendered in the employ of a participating

employer subsequent to the date it becomes a participating employer.

c. Any government service rendered in the employ of a county, city,

town or village, between the first date of its eligibility to

participate in the retirement system and the first date of its actual

participation therein, provided such municipality elected to so

participate within the first year of its eligibility to do so.

18. "Minimum retirement age." Age sixty, except that as to members who

shall have elected to contribute on the basis of retirement at age

fifty-five, such term shall mean age fifty-five.

19. "Municipality." A county, city, town, village, public authority,

school district, police district or fire district, a river improvement,

river regulating or drainage district, established by or under the

supervision of the department of conservation, or any other local unit

of government or territorial division of the state by whatever name

called possessing the power (a) to contract indebtedness and (b) to levy

taxes or benefit assessments upon real estate or to require the levy of

such taxes or assessments.

20. "Participating employer." Any municipality, library, or public or

quasi-public organization participating in the retirement system.

21. "Payroll." Annual compensation earnable by members, when used as a

basis for determination of the amount to be contributed by an employer

to the retirement system.

22. "Pension." The annual allowance for life, payable in monthly

installments, derived from contributions made to the pension

accumulation fund pursuant to this article.

22-a. "Pension-providing-for-increased-take-home-pay." The annual

allowance for life payable in monthly installments derived from

contributions made to the pension accumulation fund pursuant to section

seventy-a of this article.

23. "Pension reserve." The present value of all payments to be made on

account of any pension, or benefit in lieu of any pension, granted as

provided in this article, computed upon the basis of regular interest

and such mortality tables as shall be adopted by the comptroller.

24. "Prior service." Not to exceed a total of thirty-five years of

service rendered as follows:

a. Government service rendered to the state prior to January first,

nineteen hundred twenty-one.

b. Government service rendered to a participating employer, other than

as provided in section thirty-one or thirty-two of this article, prior

to the first date of eligibility of such employer to participate in the

retirement system. In the case of any such participating employer which

did not elect to participate in the retirement system until after its

first year of eligibility to so participate, such term shall mean, in

addition, three-fourths of all government service rendered to it between

its first date of eligibility to so participate and the date when it

became a participating employer. The local legislative body of such

employer, by resolution duly adopted, may determine to allow full credit

therefor.

c. Service allowed as prior service by an employer pursuant to section

thirty-one or thirty-two of this article.

d. Service of honorably discharged officers, soldiers, sailors,

marines and army nurses who were actual residents of the state at the

time of their entry into the military service of the United States or,

if not actual residents of the state at that time, are or were or are

hereafter employes of a participating employer created by and deriving

its powers from an agreement between this state and any other state and

were actual residents of such other state at the time of their entry

into the military service of the United States:

(1) Rendered in time of war and prior to July second, nineteen hundred

twenty-one, or

(2) Rendered with the American expeditionary forces subsequent to

November eleventh, nineteen hundred eighteen, and prior to June

thirtieth, nineteen hundred nineteen, provided such entry occurred after

November eleventh, nineteen hundred eighteen.

e. Service of members of the national guard in the military service of

the United States pursuant to the call of the president for Mexican

border duty.

25. "Rate of normal contribution."

a. In the case of an employer, the rate of annual contribution

computed pursuant to paragraph one of subdivision b of section

twenty-three of this article.

b. In the case of a member, the basic rate of contribution determined

without modification pursuant to subdivision b of section twenty-one of

this article.

26. "Regular interest."

a. Such term shall mean interest recommended by the actuary and

promulgated by the comptroller as provided in paragraph four of

subdivision b of section eleven of this article, which is in effect on

the date of a member's retirement, and such rate shall be at no less

than four per centum per annum and at no more than seven per centum per

annum, compounded annually.

b. However, for purposes of crediting interest to individual accounts

in the annuity savings fund, such term shall mean four per centum per

annum, compounded annually, in the case of persons who last became

members on or before June thirtieth, nineteen hundred forty-three and

shall mean three per centum per annum, compounded annually, in the case

of persons who last became members on or after July first, nineteen

hundred forty-three.

26-a. "Reserve-for-increased-take-home-pay." The amount of the reserve

provided by the employer which shall be equivalent to that per centum of

the member's compensation by which his contribution is reduced or would

otherwise be reduced if his rate of contribution equaled or exceeded

eight per centum as provided in subdivision a of section seventy-a of

this article and that per centum by which his contribution is suspended

as provided in subdivision aa of section seventy-a of this article

during the period his employer contributes pursuant to section seventy-a

of this article toward pensions-for-increased-take-home-pay, plus

regular interest thereon.

27. "Retirement allowance." The annuity plus the pension and the

pension-providing-for-increased-take-home-pay, if any.

28. "Retirement system." The New York state employees' retirement

system provided for in section ten of this article.

29. "Service in the Korean conflict." Military service during the

period commencing June twenty-seventh, nineteen hundred fifty, and

terminating January thirty-first, nineteen hundred fifty-five, as a

member of the armed forces of the United States of any person who:

a. (1) Has been honorably discharged or released therefrom under

honorable circumstances, or (2) has a qualifying condition, as defined

in section three hundred fifty of the executive law, and has received a

discharge other than bad conduct or dishonorable from such service, or

(3) is a discharged LGBT veteran, as defined in section three hundred

fifty of the executive law, and has received a discharge other than bad

conduct or dishonorable from such service, and

b. Was a resident of this state at the time of his entrance into such

armed forces, or, if not a resident of this state at that time, was then

or thereafter became an employee of a participating employer created by

and deriving its powers from an agreement between this state and any

other state and was a resident of such other state at the time of his

entrance into such armed forces, and

c. Was a member of the retirement system and an employee of the state

or of a participating employer at the time he entered such armed forces

or was an employee of an employer which was not a participating employer

at the time he entered such armed forces but which elected to become a

participating employer while he was absent on military duty, or was an

employee of the state or of a participating employer or was a teacher as

defined in article eleven of the education law at the time of his

entrance into the armed forces and became a member of the retirement

system subsequent to separation or discharge from the armed services,

and

d. Returned to the employment of the state or a participating

employer, within one year following discharge or release or completion

of advanced education provided under the servicemen's readjustment act

of nineteen hundred forty-four, certified on a certificate for service

in war after world war I, and allowable as provided in section forty-one

of this article. Such service shall not include any periods during which

civil compensation was received by the member under the provisions of

section two hundred forty-two of the military law or section six of

chapter six hundred eight of the laws of nineteen hundred fifty-two.

29-a. "Emergency service on or after October first, nineteen hundred

sixty-one." Active duty (other than for training) in the armed forces of

the United States as defined in title ten of the United States code on

or after October first, nineteen hundred sixty-one and terminating on

August thirty-first, nineteen hundred sixty-two, of any person who:

a. Was a resident of this state at the time of his entrance into such

armed forces, or, if not a resident of this state at that time, was then

or thereafter became an employee of a participating employer created by

and deriving its powers from an agreement between this state and any

other state and was a resident of such other state at the time of his

entrance into such armed forces, and

b. Was a member of the retirement system and an employee of the state

or of a participating employer at the time he entered such armed forces

or was an employee of an employer which was not a participating employer

at the time he entered such armed forces but which elected to become a

participating employer while he was absent on military duty, or was an

employee of the state or of a participating employer or was a teacher as

defined in article eleven of the education law at the time of his

entrance into the armed forces and became a member of the retirement

system subsequent to separation or discharge from the armed services,

and

c. Returned to the employment of the state or a participating

employer, within one year following discharge or release, or completion

of advanced education provided by the United States for education of

Korean conflict veterans, certified on a certificate for service in war

after world war I, and allowable as provided in section forty-one of

this article. Such service shall not include any periods during which

civil compensation was received by the member for accrued vacation and

overtime credit or under the provisions of section two hundred forty-two

of the military law or section six of chapter six hundred eight of the

laws of nineteen hundred fifty-two.

d. Credit under this section shall not accrue to a person who is

released from active duty under conditions other than honorable, unless

such person has a qualifying condition, as defined in section three

hundred fifty of the executive law, and has received a discharge other

than bad conduct or dishonorable from such service, or is a discharged

LGBT veteran, as defined in section three hundred fifty of the executive

law, and has received a discharge other than bad conduct or dishonorable

from such service.

30. "Service in war after world war I." Service in world war II,

service in the Korean conflict, or emergency service on or after October

first, nineteen hundred sixty-one.

31. "Service in world war II." (1) Military service during the period

commencing July first, nineteen hundred forty, and terminating December

thirty-first, nineteen hundred forty-six, as a member of the armed

forces of the United States, or service by one who was employed by the

War Shipping Administration or Office of Defense Transportation or their

agents as a merchant seaman documented by the United States Coast Guard

or Department of Commerce, or as a civil servant employed by the United

States Army Transport Service (later redesignated as the United States

Army Transportation Corps, Water Division) or the Naval Transportation

Service; and who served satisfactorily as a crew member during the

period of armed conflict, December seventh, nineteen hundred forty-one,

to August fifteenth, nineteen hundred forty-five, aboard merchant

vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service

as such terms are defined under federal law (46 USCA 10301 & 10501) and

further to include "near foreign" voyages between the United States and

Canada, Mexico, or the West Indies via ocean routes, or public vessels

in oceangoing service or foreign waters and who has received a

Certificate of Release or Discharge from Active Duty and a discharge

certificate, or an Honorable Service Certificate/Report of Casualty,

from the Department of Defense, or service by one who served as a United

States civilian employed by the American Field Service and served

overseas under United States Armies and United States Army Groups in

world war II during the period of armed conflict, December seventh,

nineteen hundred forty-one through May eighth, nineteen hundred

forty-five, and who (i) was discharged or released therefrom under

honorable conditions, or (ii) has a qualifying condition, as defined in

section three hundred fifty of the executive law, and has received a

discharge other than bad conduct or dishonorable from such service, or

(iii) is a discharged LGBT veteran, as defined in section three hundred

fifty of the executive law, and has received a discharge other than bad

conduct or dishonorable from such service, or service by one who served

as a United States civilian Flight Crew and Aviation Ground Support

Employee of Pan American World Airways or one of its subsidiaries or its

affiliates and served overseas as a result of Pan American's contract

with Air Transport Command or Naval Air Transport Service during the

period of armed conflict, December fourteenth, nineteen hundred

forty-one through August fourteenth, nineteen hundred forty-five, and

who (iv) was discharged or released therefrom under honorable

conditions, or (v) has a qualifying condition, as defined in section

three hundred fifty of the executive law, and has received a discharge

other than bad conduct or dishonorable from such service, or (vi) is a

discharged LGBT veteran, as defined in section three hundred fifty of

the executive law, and has received a discharge other than bad conduct

or dishonorable from such service, or of any person who:

a. (i) Has been honorably discharged or released therefrom under

honorable circumstances, or (ii) has a qualifying condition, as defined

in section three hundred fifty of the executive law, and has received a

discharge other than bad conduct or dishonorable from such service, or

(iii) is a discharged LGBT veteran, as defined in section three hundred

fifty of the executive law, and has received a discharge other than bad

conduct or dishonorable from such service, and

b. Was a resident of this state at the time of his entrance into such

armed forces, or, if not a resident of this state at that time, was then

or thereafter became an employee of a participating employer created by

and deriving its powers from an agreement between this state and any

other state and was a resident of such other state at the time of his

entrance into such armed forces, and

c. Was either a member of the retirement system and an employee of the

state or of a participating employer at the time he entered such armed

forces or became such employee and such member while in such armed

forces on or before July first, nineteen hundred forty-eight, or became

such employee while in such armed forces and subsequently became such

member on or before July first, nineteen hundred forty-eight, or was an

employee of an employer which was not a participating employer at the

time he entered such armed forces but which elected to become a

participating employer while he was absent on military duty, or was an

employee of the state or of a participating employer or was a teacher as

defined in article eleven of the education law at the time of his

entrance into the armed forces and became a member of the retirement

system subsequent to separation or discharge from the armed services,

and

d. Returned to the employment of the state or a participating

employer, within one year following discharge or release or completion

of advanced education provided under the servicemen's readjustment act

of nineteen hundred forty-four, certified on a world war II military

service certificate, and allowable as provided in section forty-one of

this article. Such service shall not include any periods during which

civil compensation was received by the member under the provisions of

section two hundred forty-two of the military law, or section six of

chapter six hundred eight of the laws of nineteen hundred fifty-two; or

(2) Military service, not in excess of three years and not otherwise

creditable under paragraph one hereof, rendered on active duty in the

armed forces of the United States during the period commencing July

first, nineteen hundred forty, and terminating December thirty-first,

nineteen hundred forty-six, or service by one who was employed by the

War Shipping Administration or Office of Defense Transportation or their

agents as a merchant seaman documented by the United States Coast Guard

or Department of Commerce, or as a civil servant employed by the United

States Army Transport Service (later redesignated as the United States

Army Transportation Corps, Water Division) or the Naval Transportation

Service; and who served satisfactorily as a crew member during the

period of armed conflict, December seventh, nineteen hundred forty-one,

to August fifteenth, nineteen hundred forty-five, aboard merchant

vessels in oceangoing, i.e., foreign, intercoastal, or coastwise service

as such terms are defined under federal law (46 USCA 10301 & 10501) and

further to include "near foreign" voyages between the United States and

Canada, Mexico, or the West Indies via ocean routes, or public vessels

in oceangoing service or foreign waters and who has received a

Certificate of Release or Discharge from Active Duty and a discharge

certificate, or an Honorable Service Certificate/Report of Casualty,

from the Department of Defense, or service by one who served as a United

States civilian employed by the American Field Service and served

overseas under United States Armies and United States Army Groups in

world war II during the period of armed conflict, December seventh,

nineteen hundred forty-one through May eighth, nineteen hundred

forty-five, and who (i) was discharged or released therefrom under

honorable conditions, or (ii) has a qualifying condition, as defined in

section three hundred fifty of the executive law, and has received a

discharge other than bad conduct or dishonorable from such service, or

(iii) is a discharged LGBT veteran, as defined in section three hundred

fifty of the executive law, and has received a discharge other than bad

conduct or dishonorable from such service, or service by one who served

as a United States civilian Flight Crew and Aviation Ground Support

Employee of Pan American World Airways or one of its subsidiaries or its

affiliates and served overseas as a result of Pan American's contract

with Air Transport Command or Naval Air Transport Service during the

period of armed conflict, December fourteenth, nineteen hundred

forty-one through August fourteenth, nineteen hundred forty-five, and

who (iv) was discharged or released therefrom under honorable

conditions, or (v) has a qualifying condition, as defined in section

three hundred fifty of the executive law, and has received a discharge

other than bad conduct or dishonorable from such service, or (vi) is a

discharged LGBT veteran, as defined in section three hundred fifty of

the executive law, and has received a discharge other than bad conduct

or dishonorable from such service, by a person who was a resident of New

York state at the time of entry into such service and at the time of

being discharged therefrom (vii) under honorable circumstances, or

(viii) with a qualifying condition, as defined in section three hundred

fifty of the executive law, and received a discharge other than bad

conduct or dishonorable from such service, or (ix) as a discharged LGBT

veteran, as defined in section three hundred fifty of the executive law,

and received a discharge other than bad conduct or dishonorable from

such service, or, if not a resident of this state at such times was then

or thereafter became an employee of a participating employer created by

and deriving its powers from an agreement between this state and any

other state, and was a resident of such other state at the time of entry

into and discharge from such service, and who makes the payments

required by subdivision k of section forty-one of this article.

However, no military service shall be creditable under this paragraph

two in the case of a member under an existing plan permitting retirement

upon twenty years of creditable service who is receiving a federal

pension (other than for disability) based upon a minimum of twenty years

of full time active military service in the armed forces of the United

States nor shall any military service be creditable in the case of a

member under any other plan who is receiving a military pension (other

than for disability) for military service in the armed forces of the

United States.

32. "Service retirement benefit." Any type of retirement benefit

provided by this article and payable out of the pension reserve fund,

except the ordinary disability retirement, accidental disability

retirement, discontinued service retirement, ordinary death and

accidental death benefit.

33. "State." The state of New York.

34. "Total service." All member service for which a member is

credited, all prior service certified on a valid prior service

certificate, and all service in war after world war I certified on a

valid military service certificate. For the purposes of this article, a

valid certificate heretofore issued for service in world war II shall be

deemed a certificate for service in war after world war I.

35. "Special interest." A distribution to the annuity savings fund, in

addition to regular interest, to be credited to the annuity savings

accounts of members, the size of this distribution, if any, to be

determined pursuant to the provisions of subdivision i of section

thirteen of this article.

36. (a) "Qualifying World Trade Center condition" shall mean a

qualifying condition or impairment of health resulting in disability to

a member who participated in World Trade Center rescue, recovery or

cleanup operations for a qualifying period, as those terms are defined

below, provided the following conditions have been met: (i) such member,

or eligible beneficiary in the case of the member's death, must have

either filed a written and sworn statement with the member's retirement

system on a form provided by such system, or as allowed by the member's

retirement system, electronically submitted a statement on a form

provided by such system through a secure online portal maintained by the

member's retirement system that has duly validated the member's

identity, indicating the underlying dates and locations of employment

not later than September eleventh, two thousand thirty, and (ii) such

member has either successfully passed a physical examination for entry

into public service, or authorized release of all relevant medical

records, if the member did not undergo a physical examination for entry

into public service; and (iii) there is no evidence of the qualifying

condition or impairment of health that formed the basis for the

disability in such physical examination for entry into public service or

in the relevant medical records, prior to September eleventh, two

thousand one except for such member, or eligible beneficiary in the case

of the member's death, of a local retirement system of a city with a

population of one million or more that is covered by section 13-551 of

the administrative code of the city of New York, or by section

twenty-five hundred seventy-five of the education law and for such

member who separated from service with vested rights, or eligible

beneficiary of such member who separated from service with vested rights

in the case of the member's death, of a local retirement system of a

city with a population of one million or more who are covered by

sections 13-168, 13-252.1 or 13-353.1 of the administrative code of the

city of New York or sections five hundred seven-c, six hundred five-b,

six hundred five-c, or six hundred seven-b of this chapter. The deadline

for filing a written and sworn statement required by subparagraph (i) of

this paragraph shall be September eleventh, two thousand thirty for such

member, or eligible beneficiary in the case of the member's death, of a

local retirement system of a city with a population of one million or

more that is covered by section 13-551 of the administrative code of the

city of New York, or by section twenty-five hundred seventy-five of the

education law and for such member who separated from service with vested

rights, or eligible beneficiary of such member who separated from

service with vested rights in the case of the member's death, of a local

retirement system of a city with a population of one million or more who

are covered by sections 13-168, 13-252.1 or 13-353.1 of the

administrative code of the city of New York and sections five hundred

seven-c, six hundred five-b, six hundred five-c, or six hundred seven-b

of this chapter. Every retirement system shall keep a copy of every

written and sworn statement that is presented for filing not later than

September eleventh, two thousand thirty, including those that are

rejected for filing as untimely.

(b) "Qualifying condition or impairment of health" shall mean a

qualifying physical condition, or a qualifying psychological condition,

or both, except that for any member identified in paragraph (vi) of

paragraph (e) of this subdivision, it shall only mean a qualifying

psychological condition.

(c) "Qualifying physical condition" shall mean one or more of the

following: (i) diseases of the upper respiratory tract and mucosae,

including conditions such as rhinitis, sinusitis, pharyngitis,

laryngitis, vocal cord disease, and upper airway hyper-reactivity, or a

combination of such conditions; (ii) diseases of the lower respiratory

tract, including but not limited to tracheo-bronchitis, bronchitis,

chronic obstructive pulmonary disease, asthma, reactive airway

dysfunction syndrome, and different types of pneumonitis, such as

hypersensitivity, granulomatous, or eosinophilic; (iii) diseases of the

gastroesophageal tract, including esophagitis and reflux disease, either

acute or chronic, caused by exposure or aggravated by exposure; (iv)

diseases of the skin such as conjunctivitis, contact dermatitis or

burns, either acute or chronic in nature, infectious, irritant,

allergic, idiopathic or non-specific reactive in nature, caused by

exposure or aggravated by exposure; or (v) new onset diseases resulting

from exposure as such diseases occur in the future including cancer,

asbestos-related disease, heavy metal poisoning, and musculoskeletal

disease.

(d) "Qualifying psychological condition" shall mean one or more of the

following: (i) diseases of the psychological axis, including

post-traumatic stress disorder, anxiety, depression, or any combination

of such conditions; or (ii) new onset diseases resulting from exposure

as such diseases occur in the future including chronic psychological

disease.

(e) "Participated in World Trade Center rescue, recovery or cleanup

operations" shall mean any member who: (i) participated in the rescue,

recovery, or cleanup operations at the World Trade Center site, as

defined in paragraph (f) of this subdivision; (ii) worked at the Fresh

Kills Land Fill in New York; (iii) worked at the New York city morgue or

the temporary morgue on pier locations on the west side of Manhattan;

(iv) manned the barges between the west side of Manhattan and the Fresh

Kills Land Fill in New York; (v) repaired, cleaned or rehabilitated

vehicles or equipment, including emergency vehicle radio equipment owned

by the city of New York that were contaminated by debris in the World

Trade Center site, as defined in paragraph (f) of this subdivision,

regardless of whether the work on the repair, cleaning or rehabilitation

of said vehicles and equipment was performed within the World Trade

Center site, provided such work was performed prior to decontamination

of such vehicles or equipment; or (vi) worked in the following

departments, worksites and titles: (A) New York City Police Department

at 11 Metrotec Center in Brooklyn or 1 Police Plaza in Manhattan as a

Police Communication Technician (PCT), Supervisor Police Communication

Technician (SPCT), Principal Police Communication Technician I,

Principal Police Communication Technician II, Principal Police

Communication Technician III, Administrative Manager - Communications,

or in the Police Administrative Aide title series; (B) Fire Department

of the City of New York at 35 Empire Boulevard in Brooklyn, 79th Street

Transverse in Manhattan, 83-98 Woodhaven Boulevard in Queens, 1129 East

180 Street in the Bronx, 65 Slosson Avenue in Staten Island, 9 Metrotec

Center in Brooklyn, or 25 Rockaway Avenue in Brooklyn as Fire Alarm

Dispatchers (FAD), Supervising Fire Alarm Dispatchers I (SFAD),

Supervising Fire Alarm Dispatchers II (Borough Supervisor), Deputy

Director & Director Fire Dispatch Operations, or Assistant Commissioner

for Communications; (C) for the Fire Department of the City of New

York's Emergency Medical Service at 1 or 9 Metrotec Centers in Brooklyn,

or 55-30 58 Street in Maspeth Queens as Emergency Medical

Specialist-Level I (EMT), Emergency Medical Specialist Level

II-(Paramedic), Supervising Emergency Medical Specialist Level I (LT),

Supervising Emergency Medical Specialist Level II (Capt), Deputy Chief

EMS Communications, or Division Commander EMS Communications. For

purposes of this paragraph, the term "member" shall include each person

who during the qualifying period was in the employment of a public

employer which then participated for such employees in a public

retirement system in this state, irrespective of whether the person was

a participant in such system at that time, provided that the person has

become a participant in such retirement system and has purchased service

credit for a period of time that includes some or all of the qualifying

period in accordance with provisions of law applicable to such purchase

of service credit.

(f) "World Trade Center site" shall mean anywhere below a line

starting from the Hudson River and Canal Street; east on Canal Street to

Pike Street; south on Pike Street to the East River; and extending to

the lower tip of Manhattan.

(g) "Qualifying period" shall mean: (i) any period of time within the

forty-eight hours after the first airplane hit the towers, for any

member identified in paragraphs (i) through (v) of paragraph (e) of this

subdivision; (ii) a total of forty hours accumulated any time between

September eleventh, two thousand one and September twelfth, two thousand

two, for any member identified in subparagraphs (i) through (v) of

paragraph (e) of this subdivision; or (iii) any period of time within

the twenty-four hours after the first airplane hit the towers, for any

member identified in subparagraph (vi) of paragraph (e) of this

subdivision.