§ 302. 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
police and fire 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 police
officers and firefighters.

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 police and fire retirement system with
respect to salary received for prior county services,
such term shall mean, at the option of such member, his or her average
annual compensation, including such fees and salary, earned by him or
her during any three consecutive years of service with such municipality
selected by the applicant prior to the date of his or her retirement.

d. By the adoption, filing and approval, where required, of a
resolution in the manner provided by section three hundred thirty or
three hundred thirty-one of this article, as the case may be, a
participating employer may elect to provide that "Final Average Salary"
shall mean the regular compensation earned from such participating
employer by a member during the twelve months of actual service
immediately preceding the date of such employee's retirement, exclusive
of any lump sum payments for sick leave, or accumulated vacation credit,
or any form of termination pay; provided, however, if the compensation
earned in said twelve months exceeds that of the previous twelve months
by more than twenty per centum, the amount in excess of twenty per
centum shall be excluded in the computation of final average salary;
provided further, however, that the benefits computed pursuant to this
paragraph shall be payable unless the member would otherwise be entitled
to a greater benefit under other provisions of this subdivision, in
which case such greater benefit shall be payable.

e. (1) Notwithstanding the provisions of paragraph d of this
subdivision and of section four hundred thirty-one of this chapter,
compensation earned for working vacations shall be considered regular
compensation for the purpose of calculating the final average salary
under paragraph d of this subdivision of a member whose employer elects
the benefit provided under this paragraph and to assume the additional
cost. The benefit provided for in this paragraph shall be conditioned
upon the participating employer electing, in a manner similar to that
provided in subdivision a of section three hundred thirty of this
article, to provide this benefit and assume the additional cost thereof.
The additional cost for the election of this option, for a member whose
employer is a unit of government in the city of Buffalo, may require a
past service cost which shall be borne over a five year period from the
date of election. The first year payment shall not exceed $1.35 million,
with the balance to be paid in four equal annual payments. Such election
shall only apply to all of the eligible employees who retired on or
before the effective date of this paragraph. Such election must be filed
with the comptroller on or before December thirty-first, nineteen
hundred ninety; provided, however, for a member whose employer is a unit
of government in the city of Buffalo, such election must be filed with
the comptroller on or before December thirty-first, nineteen hundred
ninety-three.

(2) The benefit provided for in this paragraph shall be paid from
additional contributions made by the appropriate participating employer
on account of such members. The actuarial present value of the
additional benefits payable pursuant to the provisions of this paragraph
shall be funded over a five year period. The amount of the annual
payment in each of the five years shall be determined by the retirement
system actuary and it shall be paid by each of the electing employers
for each employee who receives the benefits payable under this
paragraph. Upon approval of the comptroller, the amount of such required
contributions shall be certified by him to the fiscal officer of the
electing employer.

(3) An employer who makes an election under this paragraph shall
prepare and file with the retirement system a list of the names and
social security numbers of all its employees who retired on or before
the effective date of this paragraph who received compensation for
working vacation during their last twenty-four months of service. The
list shall also contain the amount of working vacation compensation
earned by each employee during the last twelve months of service.

(4) For the purposes of this paragraph, the term employer shall mean
only a city with a population in excess of fifty thousand in the most
recent decennial census recorded prior to the effective date of this
paragraph.

10. "Fiscal year." Any year commencing April first and ending March
thirty-first next following.

11. "Police or fire service." Paid service as follows:

a. Service as an officer or member of the state police force in the
executive department.

b. Service as an officer or member of a police force or department of
a state park authority or commission.

c. Service as an officer or member of an organized police force or
department of any county, city, town, village, police district,
authority or other participating employer.

d. Service as an officer or member of an organized fire department of
any county, city, town, village or fire district or other participating
employer.

e. Service as other than an officer or member of an organized police
or fire department and for which credit is given under the provisions of
sections three hundred eighty-one, three hundred eighty-one-a, three
hundred eighty-three, three hundred eighty-three-a, three hundred
eighty-four, three hundred eighty-four-a, three hundred eighty-four-b,
three hundred eighty-five, three hundred eighty-five-a, three hundred
eighty-six, three hundred eighty-seven, three hundred eighty-eight.

* f. Service as a sworn police officer of the division of law
enforcement in the department of environmental conservation.

* NB There are two paragraph f's

* f. Service as a sworn police officer of the capital police force in
the office of general services.

* NB There are two paragraph f's

g. Service as a fire chief-airport, firefighter-airport, or fire
captain-airport, with the county of Monroe. Such persons shall be deemed
firefighters and members of an organized fire department for all
purposes under this chapter.

h. Service as an aircraft rescue firefighter with the Niagara frontier
transportation authority.

i. Service as a university police officer appointed by the state
university of New York pursuant to paragraph l of subdivision two of
section three hundred fifty-five of the education law.

j. Service as a supervisor of forest ranger services; assistant
supervisor of forest ranger services; forest ranger 3; forest ranger 2;
forest ranger 1 employed by the state department of environmental
conservation or sworn officer of the division of forest protection and
fire management in the department of environmental conservation
responsible for wild land search and rescue, wild land fire management
in the state as prescribed in subdivision eighteen of section 9-0105 and
title eleven of article nine of the environmental conservation law,
exercising care, custody and control of state lands administered by the
department of environmental conservation.

k. Service as an investigator or sworn officer of the New York
Waterfront Commission or the waterfront commission of New York harbor.

12. "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.

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 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, village, fire or police district of
the state.

15. "Medical board." The board of physicians provided by section three
hundred seventy-four of this article.

16. "Member." Any person included in the membership of the retirement
system as provided in section three hundred forty of this article.

17. "Member service."

a. Any police or fire service rendered in the employ of the state, or
an agency thereof, subsequent to January first, nineteen hundred
twenty-one.

b. Any police or fire service rendered in the employ of a
participating employer subsequent to the date it becomes a participating
employer.

c. Any police or fire service rendered in the employ of a
participating employer between the first date of its eligibility to
participate in the retirement system and the first day of its actual
participation therein, provided such employer elected to participate
within the first year of its eligibility to do so.

d. Any service for which credit is given under the provisions of
sections three hundred eighty-one, three hundred eighty-one-a, three
hundred eighty-two, three hundred eighty-three, three hundred
eighty-three-a, three hundred eighty-four, three hundred eighty-four-a,
three hundred eighty-four-b, three hundred eighty-five, three hundred
eighty-five-a, three hundred eighty-six, three hundred eighty-seven,
three hundred eighty-eight.

18. "Minimum retirement age." Age sixty, except that as to members who
shall have elected to contribute on the basis of retirement at the age
fifty-five, such term shall mean age fifty-five.

19. "Municipality." A county, city, town, village, police district or
fire district or public or quasi-public organization participating as
provided in section three hundred thirty-one.

20. "Participating employer." Any municipality participating in the
police and fire 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
three hundred 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 of this chapter, prior to the first
date of eligibility of such employer to participate in the state
employees' 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 of this chapter.

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 of that time, are or were or are
hereafter employees 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 three
hundred 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 three hundred
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 three hundred eleven of this
article, which is in effect on the date of a member's retirement, and
such rate shall be 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 police officers and
firefighters who last became members of the New York state and local
employees' retirement system on or before June thirtieth, nineteen
hundred forty-three and who have continuously thereafter been members of
either such system or the police and fire retirement system and shall
mean three per centum per annum, compounded annually, in the case of all
other police officers and firefighters.

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 three hundred
seventy-a of this article and that per centum by which his contribution
is suspended as provided in subdivision aa of section three hundred
seventy-a of this article during the period his employer contributes
pursuant to section three hundred 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 and local police and fire
retirement system provided for in section three hundred 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 New York state and local employees' retirement
system and an employee of the state or of a participating employer of
such system at the time he or she entered such armed forces or was an
employee of an employer which was not a participating employer at the
time he or she entered such armed forces but which elected to become a
participating employer of such system while he or she 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 or her entrance into the armed forces and became
a member of the police and fire 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 three
hundred 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 New York state and local employees' retirement
system and an employee of the state or of a participating employer of
such system at the time he or she entered such armed forces or was an
employee of an employer which was not a participating employer at the
time he or she entered such armed forces but which elected to become a
participating employer while he or she 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 or her entrance into the armed forces and became a member of the
police and fire 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 three hundred
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 New York state and local employees'
retirement system and an employee of the state or of a participating
employer of such system at the time he or she 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 or she
entered such armed forces but which elected to become a participating
employer while he or she 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 or her
entrance into the armed forces and became a member of the police and
fire 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, or 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 three hundred forty-one of this
chapter.

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 military service in the armed forces of the United States nor shall
such 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 such service.

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 police and fire service while a member of the
police and fire retirement system, all service for which a member has
received credit under a retirement system maintained by the state prior
to becoming a member of the police and fire retirement system, 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 three
hundred thirteen of this article.