N.Y. Retirement and Social Security Law § 2 : — Retirement And Social Security — New York State Employees' Retirement System — Definitions

Current through 2016 New York Laws, Chapters 1 to 237

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. Has been honorably discharged or released therefrom under honorable circumstances, 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.

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 and 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 was discharged or released therefrom under honorable conditions, 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 was discharged or released therefrom under honorable conditions or of any person who:

a. Has been honorably discharged or released therefrom under honorable circumstances, 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 and 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 was discharged or released therefrom under honorable conditions, 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 was discharged or released therefrom under honorable conditions, 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 under honorable circumstances, 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 filed a written and sworn statement with the member's retirement system on a form provided by such system indicating the underlying dates and locations of employment not later than September eleventh, two thousand fifteen, 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 twentyfive 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, 13-1 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 fourteen 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, 13-1 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 fifteen, 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 and 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.

(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.

N.Y. Retire. and Soc. Sec. Law § 2

Amended by New York Laws 2014, ch. 472,Sec. 1, eff. 11/21/2014.

Amended by New York Laws 2013, ch. 489,Sec. 14, eff. 9/11/2001.

See New York Laws 2014, ch. 472, Sec. 2.