§ 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 twenty-six, 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 twenty-six 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 twenty-six, 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.