New York Retirement and Social Security Code § 302

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§ 302. Definitions. The following words and phrases as used in this\narticle shall have the following meanings unless a different meaning is\nplainly required by the context:\n  1. "Accumulated contributions." The sum of all the amounts deducted\nfrom the compensation of a member or contributed by him, standing to the\ncredit of his individual account in the annuity savings fund together\nwith regular interest and special interest, if any, thereon.\n  2. "Annual compensation."\n  a. The salary or wages annually earnable by a member, including\nmaintenance, or any allowance in lieu thereof, received by the member.\n  b. The compensation earnable and any allowance of expenses or\nmaintenance, or any allowance in lieu thereof, received by a member as a\ndelegate, officer or employee of the conventions to revise and amend the\nconstitution of the state in the years nineteen hundred thirty-eight or\nnineteen hundred sixty-seven or both.\n  3. "Annuity." The annual allowance for life, payable in monthly\ninstallments and derived from a member's accumulated contributions made\npursuant to this article.\n  4. "Annuity reserve." The present value of all payments to be made on\naccount of any annuity or benefit in lieu of any annuity granted as\nprovided in this article, computed upon the basis of regular interest\nand such mortality tables as shall be adopted by the comptroller.\n  5. "Beneficiary." Any person in receipt of a retirement allowance, or\nother benefit pursuant to this article.\n  6. "Comptroller." The comptroller of the state.\n  7. "Department." Any agency of an employer or any unit of government\nemploying persons who are or may be entitled to become members of the\npolice and fire retirement system.\n  8. "Employer." The state, a participating employer, and any other unit\nof government or organization obligated or agreeing, under this article,\nto make contributions to the retirement system on behalf of its police\nofficers and firefighters.\n  9. "Final average salary."\n  a. The average annual compensation of a member for credited government\nservice not exceeding his three years of credited government service\nimmediately preceding his date of retirement.\n  b. In the case of a member having credit for three years or more of\nmember service, such term shall mean his highest average annual\ncompensation earned during any three consecutive years of member service\nfor which he is credited, provided that a member by written request,\nfiled with the comptroller prior to the effective date of retirement and\nin form satisfactory to the comptroller, may select any other period of\nthree consecutive years of member service for which he is credited.\n  c. In the case of a member who:\n  (1) Served as a supervisor of a town when such town was not a\nparticipating employer, and\n  (2) Was paid for such services on a fee basis, and\n  (3) Upon the town's subsequently becoming a participating employer,\nhas paid contributions to the police and fire retirement system with\nrespect to salary received for prior county services,\nsuch term shall mean, at the option of such member, his or her average\nannual compensation, including such fees and salary, earned by him or\nher during any three consecutive years of service with such municipality\nselected by the applicant prior to the date of his or her retirement.\n  d. By the adoption, filing and approval, where required, of a\nresolution in the manner provided by section three hundred thirty or\nthree hundred thirty-one of this article, as the case may be, a\nparticipating employer may elect to provide that "Final Average Salary"\nshall mean the regular compensation earned from such participating\nemployer by a member during the twelve months of actual service\nimmediately preceding the date of such employee's retirement, exclusive\nof any lump sum payments for sick leave, or accumulated vacation credit,\nor any form of termination pay; provided, however, if the compensation\nearne

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