Section 13-313. Definitions

The following words and phrases as used in this
  subchapter unless  a  different  meaning  is  plainly  required  by  the
  context, shall have the following meanings:
    1.  "Pension  fund"  shall  mean  the  fire  department  pension  fund
  subchapter two provided for in this chapter.
    2. "Medical board" shall mean the board of physicians provided for  in
  section 13-323 of this subchapter.
    3.  (a)  "City-service",  in  the case of an original plan member, (as
  defined in subdivision four-b of this section), shall  mean  service  in
  the  uniformed  force of the department and shall include service credit
  acquired by transfer pursuant to section 15-111 of this code.
    (b) "City-service", in the case of an improved  benefits  plan  member
  (as  defined  in subdivision four-f of this section), shall mean service
  in the uniformed force of  the  department  and  shall  include  service
  credit acquired (i) by transfer pursuant to section 15-111 of this code,
  or  (ii)  by  transfer  pursuant to section forty-three or three hundred
  forty-three of the retirement and  social  security  law,  or  (iii)  by
  transfer from another pension or retirement system, of funds actuarially
  determined in a manner similar to that provided by these sections of the
  retirement and social security law.
    (c)  An  "accident"  sustained  by  such  original plan member or such
  improved benefits plan member, while off-duty and within the  geographic
  limits  of  the city of New York, shall be deemed to have occurred while
  in the performance of duty and in the performance of  city  service  for
  the  purpose  of granting retirement for accident disability pursuant to
  the provisions of section 13-353 of this subchapter in cases in which:
    (i) a substantial and imminent danger to life or  property  occasioned
  the off-duty intervention of the member;
    (ii)  the  conduct  of the member was reasonable in the circumstances;
  and
    (iii) the member, in the course of his or her  off-duty  intervention,
  utilized  skills  within  the  scope of his or her employment by the New
  York city fire department.
    (d) In any case where a member, after completing his  or  her  minimum
  period  for  service  retirement, is appointed fire commissioner, and in
  any case where a person who retired from service  as  a  member  of  the
  pension  fund  is  thereafter  appointed  fire  commissioner, his or her
  service as fire commissioner shall constitute city-service.
    (e) In any case where a member, after completing his  or  her  minimum
  period  for service retirement, is appointed a deputy fire commissioner,
  and in any case where a person who retired for service as  a  member  of
  the pension fund is thereafter appointed a deputy fire commissioner, his
  or   her   service   as   deputy   fire  commissioner  shall  constitute
  city-service.
    4. "Member" shall mean any person included in the  membership  of  the
  pension fund as provided in section 13-314 of this subchapter.
    4-a.  "Original  plan" shall mean all the terms and conditions of this
  subchapter, and of all other laws, applicable to original plan members.
    4-b. "Original plan member" shall mean any member of the original plan
  pursuant to the provisions of subdivision a of section  13-315  of  this
  subchapter or other applicable provisions of this subchapter.
    4-c.  "Original  plan member not subject to article eleven" shall mean
  an original plan member to whom, under the provisions of  law  governing
  the  applicability  of  article  eleven  of  the  retirement  and social
  security law, such article eleven does not apply.
    4-d. "Original plan member subject to article eleven"  shall  mean  an
  original  plan member to whom, under the provisions of law governing the

  applicability of article eleven of the retirement  and  social  security
  law, such article eleven applies.
    4-e.  "Improved benefits plan" shall mean all the terms and conditions
  of this subchapter, and all other laws, applicable to improved  benefits
  plan members.
    4-f.  "Improved benefits plan member" shall mean any member who, under
  the applicable provisions of subdivisions b, c, d, e and  f  of  section
  13-315  of  this  subchapter  or  other  applicable  provisions  of this
  subchapter, is entitled to the rights, privileges, and benefits  of  the
  improved  benefits  plan  and  is subject to the obligations thereof, as
  applicable to him or her.
    4-g. "Elective improved benefits plan member" shall mean a member  who
  became  an  improved  benefits  plan  member  as  a  result of filing an
  election application pursuant to section 13-315 of this subchapter.
    4-h. "Non-elective improved benefits plan member" shall mean a  member
  who  became  an improved benefits plan member pursuant to the provisions
  of subdivision b of section 13-315 of this subchapter.
    4-i. "Improved benefits plan member not  subject  to  article  eleven"
  shall  mean  any improved benefits plan member who, under the provisions
  of law governing the applicability of article eleven of  the  retirement
  and social security law, is not subject to such article eleven.
    4-j.  "Improved  benefits plan member subject to article eleven" shall
  mean any improved benefits plan member to whom, under the provisions  of
  law  governing the applicability of article eleven of the retirement and
  social security law, such article eleven applies.
    5. "Beneficiary" shall mean any person in receipt  of  a  pension,  an
  annuity, a retirement allowance, a dependent benefit, a death benefit or
  any other benefit provided by this subchapter.
    6. "Final compensation", in the case of an original plan member, shall
  mean  the annual compensation earnable by a member for city-service upon
  the date of his or her retirement.
    6-a. "Five-year-average compensation", in  the  case  of  an  improved
  benefits  plan  member,  shall  mean  the  average  annual  compensation
  earnable by such member for city-service during his  or  her  last  five
  years  of  city-service,  or  during any other five consecutive years of
  city-service since he or she last became  a  member  which  such  member
  shall designate.
    6-b. "Prior original plan member accumulated contributions" shall mean
  the  sum  of  all  the  amounts,  deducted  from  the compensation of an
  original plan member or contributed by him or her while such  a  member,
  standing  to  the  credit  of  his  or  her  individual  account  in the
  retirement allowance accumulation fund (as such fund  existed  prior  to
  the starting date of the improved benefits plan (as such date is defined
  in subdivision twenty-seven of this section)), without interest thereon.
    6-c. "Subsequent original plan member accumulated contributions" shall
  mean  the  sum of all amounts, if any, deducted from the compensation of
  an original plan member or contributed by him or her  on  or  after  the
  starting  date of the improved benefits plan (as such date is defined in
  subdivision twenty-seven of this section) and while he or she is such  a
  member,  standing  to the credit of his or her individual account in the
  contingent reserve fund, without interest thereon.
    7. "Total accumulated contributions" shall mean, with  respect  to  an
  original  plan member, the amount obtained by adding together his or her
  prior original plan member  accumulated  contributions  (as  defined  in
  subdivision  six-b  of  this section) and his or her subsequent original
  plan member accumulated contributions (as defined in  subdivision  six-c
  of this section) if any, without interest on any of such contributions.

    7-a.  "Accumulated  deductions",  with respect to an improved benefits
  plan member, shall mean the sum of all the amounts,  deducted  from  the
  compensation  of  such  member or contributed by him or her, standing to
  the credit of his or her individual account in the annuity savings fund,
  together  with  regular  interest and special interest, if any, thereon,
  provided that nothing contained in this subdivision shall  be  construed
  as  providing or requiring that where any original plan member elects to
  become an improved benefits plan member, regular interest  shall  accrue
  or  be  credited  for  any  period  prior  to the effective date of such
  election on the accumulated contributions of such member transferred  to
  the credit of his or her account in the annuity savings fund pursuant to
  the applicable provisions of this subchapter.
    8.  * (a)  "Regular interest", in the cases of persons who are members
  on the thirtieth day of June, nineteen hundred forty-seven, shall  mean,
  subject  to the provisions of paragraphs (b), (e), (f), (g), (h) and (j)
  of this subdivision, interest at four per centum per  annum,  compounded
  annually, and in the cases of persons becoming members thereafter, shall
  mean,  subject  to  the provisions of such paragraphs, interest at three
  per  centum  per  annum,  compounded  annually  to  and  including   the
  thirty-first day of December, nineteen hundred sixty-seven, and interest
  at four per centum, compounded annually, from and after the first day of
  January, nineteen hundred sixty-eight.
    * NB Amended Ch. 910/85 § 18, language juxtaposed per Ch. 907/85 § 14
    (b)  The  provisions  of  paragraph  (a) of this subdivision shall not
  apply to any non-elective improved benefits plan member (as  defined  in
  subdivision  four-h of this section). Such provisions shall not apply to
  any elective improved benefits plan member (as  defined  in  subdivision
  four-g  of  this  section) during any period wherein he or she is such a
  member.
    * (c) "Regular interest", in the case of  each  non-elective  improved
  benefits   plan  member,  shall  mean,  subject  to  the  provisions  of
  paragraphs (e), (f), (g), (h), (i) and (j) of this subdivision, interest
  at four per centum per annum, compounded annually.
    * NB Amended Ch. 910/85 § 18, language juxtaposed per Ch. 907/85 § 14
    * (d) "Regular interest",  in  the  case  of  each  elective  improved
  benefits   plan  member,  shall  mean,  subject  to  the  provisions  of
  paragraphs (e), (f), (g), (h), (i) and (j) of this subdivision, interest
  at four per centum per annum, compounded  annually,  during  the  period
  wherein  he or she is such a member. Nothing contained in this paragraph
  shall be construed as providing or requiring that regular interest shall
  accrue or be credited, for any period prior to the effective date of the
  election of any such member to be an  elective  improved  benefits  plan
  member,  on  the accumulated contributions of such member transferred to
  the credit of his or her account in the annuity savings fund pursuant to
  the provisions of section 13-315 of this subchapter.
    * NB Amended Ch. 910/85 § 18, language juxtaposed per Ch. 907/85 § 14
    (e) The provisions of paragraphs (a), (c) and (d) of this  subdivision
  shall  not  apply to any actuarial valuation, determination or appraisal
  which (i) is made pursuant to  this  subchapter  and  (ii)  is  used  to
  determine the amount of any contribution required to be paid by the city
  into  the  contingent  reserve  fund of the pension fund in the nineteen
  hundred eighty--nineteen hundred eighty-one fiscal year of the  city  or
  any subsequent fiscal year thereof.
    (f)  (A)  Subject to the provisions of subparagraph (B) of paragraph i
  of this subdivision, and except as otherwise provided in paragraph  four
  of  subdivision  b  of section 13-331 of this subchapter with respect to
  determination of the amount of the balance sheet liability  as  of  June
  thirtieth,   nineteen   hundred   eighty  and  balance  sheet  liability

  contributions, for the purpose of any actuarial valuation, determination
  or appraisal which is made pursuant to this subchapter and which is used
  to determine the amount of any contribution required to be paid  by  the
  city  into  the  contingent  reserve  fund  of  the  pension fund in the
  nineteen hundred eighty--nineteen hundred eighty-one  fiscal  years  and
  nineteen  hundred  eighty-one--nineteen  hundred eighty-two of the city,
  "regular interest" shall mean interest at the rate of seven and one-half
  per centum per annum, compounded annually.
    (B) Subject to the provisions of subparagraph (B) of paragraph (i)  of
  this  subdivision, and except as otherwise provided in paragraph four of
  subdivision b of section 13-331  of  this  subchapter  with  respect  to
  determination  of  the  amount of the balance sheet liability as of June
  thirtieth,  nineteen  hundred  eighty  and   balance   sheet   liability
  contributions, for the purpose of any actuarial valuation, determination
  or appraisal which is made pursuant to this subchapter and which is used
  to  determine  the amount of any contribution required to be paid by the
  city into the contingent  reserve  fund  of  the  pension  fund  in  the
  nineteen  hundred  eighty-two--nineteen hundred eighty-three fiscal year
  of the city and in each succeeding fiscal year thereof to and  including
  the  nineteen hundred eighty-seven--nineteen hundred eighty-eight fiscal
  year thereof, "regular interest" shall mean  interest  at  the  rate  of
  eight per centum per annum, compounded annually.
    (C)  Subject to the provisions of subparagraph (B) of paragraph (i) of
  this subdivision, and except as otherwise provided in paragraph four  of
  subdivision  b  of  section  13-331  of  this subchapter with respect to
  determination of the amount of the balance sheet liability  as  of  June
  thirtieth,   nineteen   hundred   eighty  and  balance  sheet  liability
  contributions, for the purpose of any actuarial valuation, determination
  or appraisal which is made pursuant to this subchapter and which is used
  to determine the amount of any contribution required to be paid  by  the
  city  into  the  contingent  reserve  fund  of  the  pension fund in the
  nineteen hundred eighty-eight--nineteen hundred eighty-nine fiscal  year
  of  the  city  and  the  nineteen  hundred eighty-nine--nineteen hundred
  ninety fiscal year thereof, "regular interest" shall  mean  interest  at
  the  rate  of  eight  and  one-quarter  per centum per annum, compounded
  annually.
    (g) Subject to the provisions of subparagraph (B) of paragraph (i)  of
  this  subdivision, and except as otherwise provided in paragraph four of
  subdivision b of section 13-331  of  this  subchapter  with  respect  to
  determination  of  the  amount of the balance sheet liability as of June
  thirtieth,  nineteen  hundred  eighty  and   balance   sheet   liability
  contributions, for the purpose of any actuarial valuation, determination
  or  appraisal  which (i) is made pursuant to this subchapter and (ii) is
  used to determine the amount of any contribution required to be paid  by
  the  city  into  the  contingent reserve fund of the pension fund in the
  nineteen hundred ninety--nineteen hundred ninety-one fiscal year of  the
  city and in any subsequent fiscal year thereof, "regular interest" shall
  mean  interest  at such rate per annum, compounded annually, as shall be
  prescribed by the legislature in section 13-638.2 of title.
    * (h) On or after May first,  nineteen  hundred  eighty-nine  and  not
  later  than October thirty-first of such year, the board shall submit to
  the governor, the temporary president and minority leader of the senate,
  the speaker of the assembly, the majority and minority  leaders  of  the
  assembly,  the state superintendent of insurance, the chairperson of the
  permanent commission on public employee pension and retirement  systems,
  the  mayor of the city and the members of the board of estimate and city
  council thereof, the written recommendations of the board as to the rate
  of interest and effective period thereof which should be established  by

  law  as "regular interest" for the purpose specified in paragraph (g) of
  this subdivision.
    * NB Amended Ch. 911/85 § 22, language juxtaposed per Ch. 907/85 § 14
    * (i)  (A)  Subject to the provisions of subparagraph (c) of paragraph
  two of subdivision b of  section  13-331  of  this  subchapter,  nothing
  contained  in paragraphs (e), (f), (g) and (h) of this subdivision shall
  be construed as prescribing, for the purpose of  crediting  interest  to
  individual  accounts  of  improved  benefits plan members in the annuity
  savings fund or to reserves-for-increased-take-home-pay of such  members
  or  for  any  other purpose besides that specified in such paragraphs, a
  rate of regular interest other than  as  prescribed  by  the  applicable
  provisions  of  paragraph  (c) or paragraph (d) or paragraph (j) of this
  subdivision.
    (B) Subject to the provisions  of  section  13-638.2  of  this  title,
  nothing contained in paragraphs (f) and (g) of this subdivision shall be
  construed  as  requiring the unfunded accrued liability contribution, as
  defined in paragraph three of subdivision b of section  13-331  of  this
  subchapter,  to  be determined in any manner other than as prescribed in
  such paragraph three. Subject to the provisions of section  13-638.2  of
  this  title,  nothing  contained  in  paragraphs  (f)  and  (g)  of this
  subdivision shall be construed as requiring any balance sheet  liability
  or  balance  sheet  liability  contribution  computed  pursuant  to  the
  provisions of paragraph four of subdivision b of section 13-331 of  this
  subchapter  to  be  determined in any manner other than as prescribed in
  such paragraph four.
    * NB Amended Ch. 910/85 § 18, language juxtaposed per Ch. 907/85 § 14
    * (j) (i) Commencing on August first, nineteen  hundred  eighty-three,
  and  continuing  thereafter, "regular interest", in the cases of persons
  who were members on July thirty-first, nineteen hundred eighty-three  or
  who  thereafter  became  or  become  members, shall mean, subject to the
  provisions of subparagraphs (ii) to (x), inclusive,  of  this  paragraph
  (j), interest at seven per centum per annum, compounded annually.
    (ii)  (A)  (1)  Subject  to the provisions of sub-items (2) and (3) of
  this item (A), regular interest at the rate  of  seven  per  centum  per
  annum,  compounded  annually,  shall  be  used as the actuarial interest
  assumption for determining any actuarial equivalent benefit  payable  to
  or  on  account  of  any  seven  percent member for actuarial equivalent
  benefit purposes.
    (2) Where  an  actuarial  equivalent  benefit  is  required  by  board
  resolution  to  be determined for any seven percent member for actuarial
  equivalent benefit purposes through the use of  the  modified  Option  1
  pension  computation  formula  (as  defined in subdivision thirty-two of
  this section) the actuarial interest assumptions  used  in  making  such
  determination shall be as prescribed in such formula.
    (3)  Where  it  is  provided  by board resolution that a portion of an
  actuarial equivalent benefit shall be determined for any  seven  percent
  member  for  actuarial  equivalent  benefit  purposes  on  the  basis of
  gender-neutral mortality tables, and that the remainder of such  benefit
  shall  be  determined  on  the  basis  of mortality tables which are not
  gender-neutral, regular interest at the rate of  seven  per  centum  per
  annum,  compounded  annually,  shall  be  used as the actuarial interest
  assumption for determining the portion of such benefit required by  such
  resolution  to  be  determined  on the basis of gender-neutral mortality
  tables and such  rate  of  regular  interest  shall  not  apply  to  the
  determination of the remainder of such benefit.
    (B)  Notwithstanding  that the process of determining whether a member
  is a seven percent member for actuarial benefit  purposes  may  include,
  for   the   purpose  of  ascertaining  the  higher  applicable  benefit,

  alternative  hypothetical  benefit  calculations  utilizing  a  rate  of
  regular  interest  other  than  such  rate  of seven per centum, nothing
  contained in subparagraph (i) of this paragraph (j) or in  item  (A)  of
  this  subparagraph  (ii)  shall  be  construed  as requiring that in the
  determination of any actuarial  equivalent  benefit  payable  to  or  on
  account  of  any  member who is not a seven percent member for actuarial
  equivalent benefit purposes,  any  rate  of  interest  be  used  as  the
  actuarial  interest  assumption  other than regular interest, compounded
  annually, as prescribed by the applicable provisions of paragraph (a) or
  paragraph (c) or paragraph (d) of this subdivision eight.
    (iii) The provisions of item A of subparagraph (ii) of this  paragraph
  (j)  shall  not apply to any person who, prior to August first, nineteen
  hundred eighty-three, retired as  a  member  of  the  pension  fund  for
  service or superannuation or for ordinary or accident disability and was
  such  a  retiree  immediately  prior  to  such  August  first; provided,
  however, that if any such retiree returned or  returns  to  city-service
  and,  on  or after July thirty-first, nineteen hundred eighty-three, was
  or is restored  to  membership  in  the  pension  fund  as  required  or
  permitted  by  law,  the provisions of such item (A), from and after the
  date of such restoration to membership, shall  apply  to  such  restored
  member with respect to determination of any actuarial equivalent benefit
  which  is  both  (A)  a  benefit  to  which  he or she became or becomes
  entitled  upon  his  or  her   subsequent   retirement   or   subsequent
  discontinuance  of  service  so  as  to  qualify for benefits, and (B) a
  benefit which is not a continuation, without change, of a benefit  which
  had  previously  become  payable  to  him or her by reason of his or her
  prior  retirement;  provided  further  that  nothing  contained  in  the
  preceding  provisions  of  this subparagraph (iii) shall be construed as
  making the provisions of such item (A) applicable to any  such  restored
  member  who  was  not  or  is  not  a seven percent member for actuarial
  equivalent benefit purposes at the time of such subsequent retirement or
  subsequent discontinuance of service.
    (iv)(A) Subject to the  provisions  of  items  (B)  and  (C)  of  this
  subparagraph  (iv),  the  provisions of item (A) of subparagraph (ii) of
  this paragraph (j) shall not apply to  any  member  who,  (1)  prior  to
  August  first, nineteen hundred eighty-three, discontinued service under
  such circumstances that such member became an original plan discontinued
  member (as defined in subdivision sixteen of this section 13-313) or  an
  improved  benefits  plan  discontinued  member immediately prior to such
  August first.
    (B) If such a discontinued member returned or returns to  city-service
  and  on  or  after  July thirty-first, nineteen hundred eighty-three and
  before payability of his or her  retirement  allowance  as  such  member
  began  or  begins,  again became or becomes an active member pursuant to
  the applicable provisions of section 13-360 or 13-361, the provisions of
  item (A) of subparagraph (ii) of this paragraph (j) shall apply  to  him
  or  her  on  and after the date of such resumption of active membership;
  provided that nothing contained in the preceding provisions of this item
  (B) shall be construed as making the provisions  of  item  (A)  of  such
  subparagraph  (ii) applicable to any such member who was not or is not a
  seven percent member for actuarial equivalent benefit  purposes  at  the
  time of subsequent retirement or subsequent discontinuance of service so
  as to qualify for benefits.
    (C)  If such an original plan discontinued member or improved benefits
  plan discontinued member returned or returns to city-service and  on  or
  after  July  thirty-first, nineteen hundred eighty-three and on or after
  the date on which payability of his or her retirement allowance as  such
  member  began  or  begins,  again  became  or  becomes  an active member

  pursuant to the applicable provisions of section  13-360  or  13-361  of
  this  subchapter,  the provisions of item (A) of such subparagraph (ii),
  on and after the date of such resumption  of  active  membership,  shall
  apply  to  him  or  her  with  respect to determination of any actuarial
  equivalent benefit which is both (1) a benefit to which he or she became
  or becomes entitled upon his or her subsequent retirement or  subsequent
  discontinuance  of  service  so  as  to  qualify for benefits, and (2) a
  benefit which is not a continuation, without change, of a benefit  which
  had  previously  become  payable  to  him  by reason of his or her prior
  discontinuance of  service;  provided  that  nothing  contained  in  the
  preceding  provisions of this item (C) shall be construed as making item
  (A) of such subparagraph (ii) applicable to any such member who was  not
  or  is  not  a  seven  percent  member  for actuarial equivalent benefit
  purposes at such time of subsequent discontinuance of service.
    (v)(A) Subject to the provisions of item (B) of this subparagraph  (v)
  and  to the provisions of subparagraph (viii) of this paragraph (j), the
  selection of mode of benefit (as defined in subdivision thirty-three  of
  this section 13-313) made prior to the date of enactment(as such date is
  certified  pursuant to section forty-one of the legislative law) of this
  paragraph (j) by a  person  entitled  to  a  recomputation  of  benefits
  pursuant   to  the  better-of-two-computations  method  (as  defined  in
  subdivision thirty-five of this section) in relation to  the  retirement
  allowance  (or any component thereof) which became payable to him or her
  prior to such date of enactment  shall  be  the  selection  of  mode  of
  benefit  applicable  to  the  recomputed  retirement  allowance  (or any
  corresponding component thereof) to which he or she  is  entitled  under
  the   better-of-two-computations   method  (as  defined  in  subdivision
  thirty-four of  this  section),  and  any  such  person  entitled  to  a
  recomputation  of  benefits  pursuant  to the better-of-two-computations
  method shall not be entitled to make any change  in  such  selection  of
  mode of benefit.
    (B)   (1)   Notwithstanding   the  provisions  of  item  (A)  of  this
  subparagraph (v), a person  entitled  to  a  recomputation  of  benefits
  pursuant  to the better-of-two-computations method shall be entitled, to
  the extent and in the manner prescribed in the succeeding  sub-items  of
  this  item  (B),  to  change  the  original selection of mode of benefit
  applicable to the retirement allowance (or any component thereof)  which
  became  payable  to  him  or  her prior to the date of enactment of this
  paragraph (j).
    (2) In any case where the original selection of mode of benefit  of  a
  person   entitled  to  a  recomputation  of  benefits  pursuant  to  the
  better-of-two-computations  method  was  a  selection  of  a  joint  and
  survivor  option (as defined in subdivision thirty-six of this section),
  no change from such original selection of a joint  and  survivor  option
  may  be  made  under  this  item  (B)  to any other selection of mode of
  benefit if the designated beneficiary  selected  with  respect  to  such
  joint  and survivor option by such person entitled to a recomputation is
  not alive at the time of filing of the form whereby such person entitled
  to a recomputation seeks to change, pursuant to this item  (B),  his  or
  her original selection of such joint and survivor option.
    (3)  Except for a change of selection of mode of benefit prohibited by
  sub-item two of this item (B), any original selection of mode of benefit
  may be changed pursuant to this item (B) to another selection of mode of
  benefit, provided all of the conditions set forth in sub-items four, six
  and eight of this item (B) are met.
    (4) Subject to the provisions of sub-items seven  and  eight  of  this
  item  (B),  a person entitled to a recomputation of benefits pursuant to
  the better-of-two-computations method may, pursuant to  this  item  (B),

  effect  any  such permissible change of his or her original selection of
  mode of benefit by executing, acknowledging and filing with the  pension
  fund, within the applicable period of time prescribed by sub-item six of
  this item, a new selection of mode of benefit. If the original selection
  of  mode  of  benefit  of  the  person  filing  such new selection was a
  selection of a joint and survivor option, such new  selection  shall  be
  void  and  of  no  effect unless (a) the designated beneficiary named in
  such original selection  of  a  joint  and  survivor  option  signs  and
  acknowledges,  in  the form for such new selection of mode of benefit, a
  consent to such changed selection of  mode  of  benefit,  and  (b)  such
  original  designated  beneficiary is alive on the date of filing of such
  new selection.
    (5) The  pension  fund  shall  mail  to  each  person  entitled  to  a
  recomputation  of  benefits  pursuant  to the better-of-two-computations
  method a letter showing amounts of  benefits,  as  recomputed  for  such
  person  under the better-of-two-computations method for modes of benefit
  other than  joint  and  survivor  options,  together  with  a  statement
  advising  such  person  that  upon  request,  the  amounts of recomputed
  benefits under joint and survivor options will be provided.
    (6) The period of time within which any  such  person  entitled  to  a
  recomputation  may  file  a new selection of mode of benefit as provided
  for in sub-items three and four of this item (B)  shall  be  sixty  days
  after  the  date  of  issuance  set  forth in such letter mailed to such
  person pursuant to sub-item five of this item; provided,  however,  that
  if, pursuant to the request of such person, a later letter setting forth
  benefits  information  in relation to new selection of a mode of benefit
  is mailed to such person by the pension fund, such period  of  time  for
  filing a new selection of mode of benefit shall be thirty days after the
  date of issuance set forth in such later letter.
    (7)  Upon the filing of a new selection of mode of benefit pursuant to
  this item (B) by any such person entitled to a recomputation,  such  new
  selection  shall be irrevocable and such person shall not be entitled to
  file any other selection  of  mode  of  benefit  with  respect  to  such
  retirement  allowance (or any component thereof) which became payable to
  him or her prior to the date of enactment of paragraph (j).
    (8) No new  selection  of  mode  of  benefit  filed  pursuant  to  the
  preceding  sub-items  of  this item (B) shall be valid or effective as a
  change of mode of benefit or for any other  purpose  unless  the  person
  entitled    to   a   recomputation   of   benefits   pursuant   to   the
  better-of-two-computations method who files such new selection is  alive
  on  the  date  (hereinafter  referred to as the "validating date") three
  hundred sixty-five days after the date of filing of such  new  selection
  of  mode of benefit. If such person filing such new selection of mode of
  benefit is alive on  the  validating  date  with  respect  to  such  new
  selection,  such  new selection shall become valid and effective on such
  validating date; provided, however, that from and  after  the  effective
  date  of  retirement  of such person making such valid and effective new
  selection of mode of benefit (if  he  or  she  retired  for  service  or
  superannuation or for ordinary or accident disability) or from and after
  the  date  on  which  payability of the original benefits of such person
  began (if he or she was a discontinued member), such  new  selection  of
  mode  of  benefit  shall  supersede  such  original selection of mode of
  benefit and shall apply to and govern the amount of benefits payable  to
  such person or to his or her designated beneficiary or estate.
    (vi)  Subject  to  the  provisions  of  subparagraph  (viii)  of  this
  paragraph (j), in any case where a  member  who  retired  before  August
  first,  nineteen  hundred  eighty-three for service or superannuation or
  for ordinary or accident disability returned or returns to  city-service

  and  on  or  after  July  thirty-first,  nineteen  hundred  eighty-three
  re-entered  or  re-enters  membership  in  the  pension  fund,   nothing
  contained in subparagraphs (i) to (iv), inclusive, of this paragraph (j)
  shall be construed as authorizing or permitting him or her to change any
  selection  of mode of benefit (as defined in subdivision thirty-three of
  this section 13-313) made by him or her  with  respect  to  any  benefit
  which,  upon  his  or  her  subsequent  retirement  or discontinuance of
  service so as to qualify for benefits, is payable to him  or  her  as  a
  continuation,  without  change, of a benefit which had previously become
  payable to him or her by reason of his or her prior retirement.
    (vii) Subject  to  the  provisions  of  subparagraph  (viii)  of  this
  paragraph  (j),  in  any case where a discontinued member referred to in
  item (A) of subparagraph (iv) of this paragraph (j) returned or  returns
  to  city-service  and,  on  or after July thirty-first, nineteen hundred
  eighty-three, again became or  becomes  an  active  member  pursuant  to
  applicable  provisions of law, nothing contained in subparagraphs (i) to
  (iv), inclusive, of this paragraph shall be construed as authorizing  or
  permitting  him  or  her  to change any selection of mode of benefit (as
  defined in subdivision thirty-three of this section 13-313) made by  him
  or  her  with  respect  to any benefit which, upon his or her subsequent
  retirement or discontinuance of service so as to qualify  for  benefits,
  is payable to him or her as a continuation, without change, of a benefit
  which  had  previously  become payable to him or her by reason of his or
  her prior discontinuance of service.
    (viii) Nothing contained in subparagraphs (v), (vi) and (vii) of  this
  paragraph (j) shall be construed as preventing:
    (A)  any person subject to such subparagraph (v) who, on or after July
  thirty-first, nineteen hundred  eighty-three,  re-entered  or  re-enters
  city-service and again became or becomes an active member; or
    (B)  any  re-entered  member  referred to in such subparagraph (vi) or
  subparagraph (vii);
  upon his or her subsequent retirement, from exercising any  right  which
  any  other  applicable law grants to him or her under such circumstances
  to make a selection of  mode  of  benefit  (as  defined  in  subdivision
  thirty-three of section 13-313).
    (ix)  Notwithstanding  the  provisions  of  subparagraph  (i)  of this
  paragraph (j) prescribing a rate of regular interest of seven per centum
  per annum, compounded annually, for specified members described in  such
  subparagraph (i), the rate of regular interest which shall be applied to
  fix  the  rate  of  interest  on any loan to any such member eligible to
  borrow shall be four per centum per annum, compounded annually.
    (x) (A) Subject to the provisions of item  (B)  of  this  subparagraph
  (x),  the  rate  of  regular interest applicable to determination of the
  rate of member contribution of any member whose  last  membership  began
  prior  to  the  date  of  enactment  (as  certified  pursuant to section
  forty-one of the legislative law) of this paragraph  (j)  shall  be  the
  rate  of  regular interest which was applicable, under the provisions of
  law in effect prior to such date of enactment, to the  determination  of
  the rate of member contribution of such member, and nothing contained in
  the  preceding subparagraphs of this paragraph (j) shall be construed as
  applicable to the determination of the rate of  member  contribution  of
  any  such  member  whose  last  membership  so  began  or as changing or
  affecting the rate of member contribution of any such member.
    (B) The rate of regular interest applicable to  determination  of  the
  rate  of  member  contribution  of  any  elective improved benefits plan
  member who became or becomes such a member by reason of an election made
  on or after August first, nineteen hundred  eighty-three  shall  be  the
  rate  of regular interest, as prescribed by the applicable provisions of

  paragraph (a) of subdivision eight of section 13-214 of the code,  which
  is required by the provisions of subdivision (i) of section 13-315 to be
  applied  to  the  determination  of  such  rate  of member contribution.
  Nothing  contained  in the preceding subparagraphs of this paragraph (j)
  shall be construed as applicable to the determination  of  the  rate  of
  member  contribution  of any such elective improved benefits plan member
  or as changing or affecting the rate of the member contribution  of  any
  such member.
    * NB Added Ch. 910/85 § 20, language juxtaposed per Ch. 907/85 § 14
    8-a.  "Pension",  with  respect  to  any  retired or deceased improved
  benefits plan member and with respect  to  any  improved  benefits  plan
  discontinued  member  and  with respect to the beneficiaries of any such
  member, shall mean payments for life derived from appropriations made by
  the city as provided in this subchapter.
    8-b. "Annuity", with respect  to  any  retired  or  deceased  improved
  benefits  plan  member  and  with  respect to any improved benefits plan
  discontinued member and with respect to the beneficiaries  of  any  such
  member,  shall mean payments for life derived from contributions made by
  such member as provided in this subchapter.
    9. "Retirement allowance", in  the  case  of  a  retired  or  deceased
  original  plan  member  and in the case of an original plan discontinued
  member and in the case of the beneficiaries of any  such  member,  shall
  mean  payments  for life derived from appropriations made by the city as
  provided in this subchapter and from contributions made by a  member  as
  provided in this subchapter.
    9-a.  "Retirement  allowance",  in  the  case of a retired or deceased
  improved benefits plan member and in the case of  an  improved  benefits
  plan  discontinued  member  and  in the case of the beneficiaries of any
  such  member,  shall   mean   pension   plus   the   annuity   and   the
  pension-providing-for-increased-take-home-pay, if any.
    10. "Dependent benefit" shall mean payments derived from contributions
  made  by  a  member  as  provided  in sections 13-329 and 13-355 of this
  subchapter.
    11. "Retirement allowance reserve", with respect to any original  plan
  member  or his or her beneficiaries, shall mean the present value of all
  payments to be made on account of any retirement allowance,  payable  to
  or  on  account  of  a person who retired as an original plan member, or
  benefit  in  lieu  of  any  retirement  allowance,  granted  under   the
  provisions of this subchapter, computed upon the basis of such mortality
  tables as shall be adopted by the board with regular interest.
    11-a.  "Pension  reserve",  with respect to any improved benefits plan
  member or his or her beneficiaries, shall mean the present value of  all
  payments to be made on account of any pension, or benefit in lieu of any
  pension,  granted under the provisions of this subchapter, computed upon
  the basis of such mortality tables as shall be  adopted  by  the  board,
  with regular interest.
    11-b.  "Annuity  reserve",  with respect to any improved benefits plan
  member or his or her beneficiaries, shall mean the present value of  all
  payments to be made on account of any annuity, or benefit in lieu of any
  annuity, granted under the provisions of this subchapter computed on the
  basis  of  such  mortality tables as shall be adopted by the board, with
  regular interest.
    12. "Fiscal year" shall mean any year commencing with the first day of
  July and ending with the thirtieth day of June next following.
    13. "Total service", in the case of an  original  plan  member,  shall
  mean all service of such member allowable with respect to such member as
  provided in subdivision three of this section and section 13-318 of this
  subchapter.

    13-a.  "Total  service",  in  the  case  of  an improved benefits plan
  member, shall mean all service of such member allowable with respect  to
  such  member  as  provided  in  subdivision  three-a of this section and
  section 13-318 of this subchapter.
    14.  "Board"  shall mean the board of trustees provided for in section
  13-316 of this subchapter.
    15. "Accumulation-for-increased-take-home-pay", with  respect  to  any
  original  plan  member,  shall mean a sum consisting of the total of all
  products obtained by multiplying the compensation of such member, during
  each period of reduction of his or her member contributions pursuant  to
  the provisions of section 13-326 of this subchapter and subdivision b of
  section  four  hundred eighty of the retirement and social security law,
  occurring while he or she is an original plan member, by the  percentage
  of   reduction  of  his  or  her  contributions  applicable  under  such
  provisions with respect to such period, without interest thereon.
    15-a. "Pension-providing-for-increased-take-home-pay", with respect to
  any improved benefits plan member, shall mean the annual  allowance  for
  life  payable  in  monthly installments derived from contributions which
  the city made to the contingent reserve fund, pursuant to section 13-326
  of this subchapter and subdivision b of section four hundred  eighty  of
  the  retirement  and  social  security  law,  with respect to the period
  wherein he or she was an improved benefits plan member.
    15-b.  "Reserve-for-increased-take-home-pay",  with  respect   to   an
  improved benefits plan member, shall mean:
    (a)  the  amount  of the reserve provided by the city which shall be a
  sum consisting of the total of all products obtained by multiplying  the
  compensation  of  the  member, during each period of reduction of member
  contributions under the provisions of section 13-326 of this  subchapter
  and  subdivision  b of section four hundred eighty of the retirement and
  social security law while he or she is an improved benefits plan member,
  by the percentage of reduction of his or  her  contributions  applicable
  under  such  provisions  with  respect  to  such  period,  plus  regular
  interest, and additional interest, if any, thereon; plus
    (b) in the case of any elective improved  benefits  plan  member,  the
  amount  of the accumulation-for-increased-take-home-pay, if any, of such
  member, as  such  accumulation  was  on  the  date  next  preceding  the
  effective  date of his or her election to be such a member, plus regular
  interest and additional interest, if any, on and  after  such  effective
  date on the amount of such accumulation; plus
    (c)  in the case of any non-elective improved benefits plan member who
  is credited, immediately prior  to  becoming  such  a  member,  with  an
  accumulation-for-increased-take-home-pay,    the    amount    of    such
  accumulation-for-increased-take-home-pay, as such  accumulation  was  on
  the  date  next  preceding  the  date  on  which  such  member  became a
  non-elective improved benefits plan member, plus regular and  additional
  interest,  if  any,  on  and after such date on which he or she became a
  non-elective improved benefits  plan  member,  on  the  amount  of  such
  accumulation.
    16.  "Original  plan  discontinued member" shall mean an original plan
  member who has a vested right to a deferred retirement  allowance  under
  section 13-360 of this subchapter.
    16-a.  "Original  plan  discontinued  member  not  subject  to article
  eleven" shall mean an original plan member not subject to article eleven
  (as defined in subdivision four-c of this  section)  who  has  a  vested
  right  to  a  deferred retirement allowance under section 13-360 of this
  subchapter.
    16-b. "Original plan discontinued member subject  to  article  eleven"
  shall mean an original plan member subject to article eleven (as defined

  in  subdivision  four-d  of  this  section)  who has a vested right to a
  deferred retirement allowance under section 13-360 of this subchapter.
    16-c.  "Fire  uniformed  force  service" shall for purposes of section
  13-361 of this subchapter mean service in the  uniformed  force  of  the
  fire  department, as a member of such force, including service for which
  credit is granted by section 15-111  of  the  code,  but  excluding  any
  service  credit acquired by transfer or otherwise under any provision of
  law.
    16-d. "Improved benefits plan  discontinued  member"  shall  mean  any
  improved  benefits plan member who has discontinued fire uniformed force
  service (as defined in subdivision sixteen-c of this  section)  and  who
  has  a  vested  right  to  a deferred retirement allowance under section
  13-361 of this subchapter.
    16-e. "Improved benefits  plan  discontinued  member  not  subject  to
  article  eleven" shall mean an improved benefits plan member not subject
  to article eleven (as defined in subdivision four-i of this section) who
  has a vested right to a  deferred  retirement  allowance  under  section
  13-361 of this subchapter.
    16-f.  "Improved  benefits plan discontinued member subject to article
  eleven" shall mean an improved benefits plan member subject  to  article
  eleven  (as  defined  in  subdivision  four-j  of  this section) who has
  discontinued fire uniformed force service and who has a vested right  to
  a deferred retirement allowance under section 13-361 of this subchapter.
    17.  "Normal  rate  of  contribution as an original plan member" shall
  mean:
    (a) in the case of any original plan member who is  required  to  make
  member contributions as such a member under the applicable provisions of
  this  subchapter,  the  proportion  of  his or her earnable compensation
  which is required to be deducted from the compensation of such member by
  the applicable provisions of section 13-325 of this subchapter as his or
  her member contributions, exclusive of any reduction of such  proportion
  on account of any program for increased-take-home-pay in effect.
    (b)  in the case of any original plan member who heretofore completed,
  or who, on or after  the  effective  date  of  this  subdivision,  shall
  complete,  his  or  her  minimum  period  for  service  retirement,  the
  proportion of  his  or  her  earnable  compensation  (exclusive  of  any
  reduction   of   such   proportion   on   account   of  any  program  of
  increased-take-home-pay in effect) which, as of the date on which he  or
  she  completed  his  or  her  minimum period for service retirement, was
  required to be deducted from the compensation  of  such  member  by  the
  applicable provisions of section 13-325 of this subchapter, as in effect
  on such date.
    18.  "Normal rate of contribution as an improved benefits plan member"
  shall mean:
    (a) in the case of any  improved  benefits  plan  member  who  is  not
  eligible  to  elect to discontinue making member contributions under the
  applicable provisions of this subchapter, the proportion required to  be
  deducted  from  the  compensation  of  such  member  by  the  applicable
  provisions of section 13-315 and/or section 13-327 of this subchapter as
  his or her member contributions,  exclusive  of  any  increase  in  such
  proportion  pursuant to subdivision c or subdivision d of section 13-327
  of this subchapter or any reduction thereof on account  of  any  program
  for  increased-take-home-pay in effect or pursuant to subdivision one of
  section one-hundred thirty-eight-b of the retirement and social security
  law  (relating  to  election  to  decrease   member   contributions   by
  contributions due on account of social security coverage).
    (b) in the case of any improved benefits plan member who completed his
  or her minimum period for service retirement before becoming an improved

  benefits  plan  member  and who is eligible under the provisions of this
  subchapter to elect to discontinue making member  contributions  or  has
  made  such  election, the proportion of his or her earnable compensation
  (exclusive  of any increase in such proportion pursuant to subdivision c
  or subdivision d of section 13-327 of this subchapter or  any  reduction
  thereof  on account of any program of increased-take-home-pay in effect)
  which, as of the date on which he or she completed his  or  her  minimum
  period  for  service retirement, would have been required to be deducted
  from his or her compensation by the applicable  provisions  of  sections
  13-315  and/or  13-327  of this subchapter if the improved benefits plan
  had been in effect on his or her  date  of  inception  of  pension  fund
  membership  (as defined in subdivision twenty of this section) and he or
  she had become  an  improved  benefits  plan  member  on  such  date  of
  inception.
    19.  "Date  of  commencement  of contributions as an improved benefits
  plan member" shall mean the first day (on or after the last commencement
  of the status of an improved benefits plan member as  such  member)  for
  which  deductions  from  the compensation of such member are required by
  the applicable provisions of subdivision i of  section  13-315  of  this
  subchapter  and/or  section  13-327  of  this  subchapter  to be made on
  account of his or her contributions as an improved benefits plan member.
    20. "Date of inception of pension fund membership", in the case of any
  original plan member (as defined in subdivision four-b of this  section)
  or  elective  improved  benefits  plan member (as defined in subdivision
  four-g of this section), shall mean the  earliest  date  on  which  such
  member   last  became  eligible  for  membership  in  any  pension  fund
  established pursuant to former article one-A repealed by  chapter  three
  hundred  eighty-five of nineteen hundred eighty-one or subchapter two of
  this chapter. Nothing herein provided shall limit member service  credit
  restoration pursuant to section 13-319 of this subchapter.
    20-a.  "Date  of  commencement  of credited member service in the fire
  uniformed force" shall mean, with respect to any improved benefits  plan
  member,  the  date  of  commencement  of  the  period  of service in the
  uniformed force of the fire department as a member of the  pension  fund
  which  is  credited  to  such member as of the date on which any benefit
  under this subchapter becomes payable to such member.
    21. (a) "Contribution rate deficiency" shall mean with respect to each
  elective improved benefits plan member (as defined in subdivision four-g
  of this section)  and  shall  mean  with  respect  to  any  non-elective
  improved  benefits plan member (as defined in subdivision four-h of this
  section) who is subject to such a deficiency, an  amount  equal  to  the
  excess,  if any, of (ii) over (i) hereof where: (i) is the amount of the
  total accumulated contributions (as defined in subdivision seven of this
  section) of such member (as such amount would be in  the  absence  of  a
  loan)  as  of the earlier of (1) the date next preceding his or her date
  of commencement of contributions as an improved benefits plan member (as
  defined in subdivision nineteen of this section)  or  (2)  the  date  of
  completion of his or her minimum period for service retirement; and (ii)
  is the amount (i) would be if the contribution rate of the member to the
  date specified in (i) had been his or her normal rate of contribution as
  an improved benefits plan member.
    (b)  "Contribution  rate  deficiency"  shall  mean, with respect to an
  improved benefits plan discontinued member (as  defined  in  subdivision
  sixteen-d  of  this  section)  who  is  subject to such a deficiency, an
  amount equal to the excess, if any, of (ii) over (i) hereof  where:  (i)
  is   the   amount   of  the  total  accumulated  contributions  of  such
  discontinued member (as such amount would be in the absence of  a  loan)
  as  of  the  date  next  preceding  his  or  her date of commencement of

  contributions as  an  improved  benefits  plan  member  (as  defined  in
  subdivision  nineteen of this section); and (ii) is the amount (i) would
  be if the contribution rate of the member to the date specified  in  (i)
  had  been his or her normal rate of contribution as an improved benefits
  plan member.
    22. "Subsequent period for election of  the  improved  benefits  plan"
  shall mean any of the following three-month periods: the period of three
  months  beginning on the date next succeeding the date which is the last
  day of a period of thirty months next succeeding the  starting  date  of
  the  improved  benefits  plan (as defined in subdivision twenty-seven of
  this section), and  subsequent,  successive  periods  of  three  months'
  duration,  such period for the calendar year nineteen hundred eighty-six
  beginning on September first, nineteen hundred  eighty-six,  and  ending
  three  months  thereafter,  and for successive calendar years, beginning
  with the calendar  year  nineteen  hundred  eighty-seven,  such  periods
  beginning  on  June first and ending on August thirty-first of each such
  year.
    23. "Pension fund one-A" shall mean the pension fund provided  for  by
  article  one-A  of title B of chapter nineteen of the code, as in effect
  immediately prior to July first, nineteen hundred eighty-one.
    24. "Special interest"  shall  mean  a  distribution  to  the  annuity
  savings  fund,  in  addition to regular interest, which distribution (a)
  for each of the periods as to which the provisions of section 13-337  of
  this  subchapter  or  section  13-638.2  of  this  title  grant  special
  interest, consists of the amount prescribed by such provisions for  such
  period  and  (b)  for  each  such period, is credited in such applicable
  amount to the accounts in the annuity savings fund of improved  benefits
  plan  members  who  are  eligible under such provisions for crediting of
  such amount for such period.
    25. "Additional interest", with respect to any improved benefits  plan
  member,       shall       mean      a      distribution      to      the
  reserve-for-increased-take-home-pay in  addition  to  regular  interest,
  which  distribution (a) for each of the periods, if any, as to which the
  provisions of section 13-337 of this subchapter or section  13-638.2  of
  this  title grant additional interest, consists of the amount prescribed
  by such provisions for such period and (b)  for  each  such  period,  is
  included       in      such      applicable      amount      in      the
  reserve-for-increased-take-home-pay of each member who is eligible under
  such provisions for inclusion of such amount for such period.
    26. "Supplementary  interest"  shall  mean  an  annual  allowance,  in
  addition  to  regular  interest,  of interest on the mean amount for the
  preceding year in each of the funds provided for in accordance with  the
  provisions  of  this subchapter (excluding, however, the annuity savings
  fund   and   the   amounts   of   total    accumulated    contributions,
  accumulations-for-increased-take-home-pay                            and
  reserve-for-increased-take-home-pay in  the  contingent  reserve  fund),
  which  allowance, (a) for each of the periods as to which the provisions
  of section 13-337 of this subchapter or section 13.638.2 of  this  title
  grant  supplementary interest, consists of the amount prescribed by such
  provisions for such period and (b) for each such period, is credited  in
  such  applicable amount to such funds at the time, in the manner, to the
  extent and subject to the exclusions prescribed  by  the  provisions  of
  such section.
    27.  "Starting date of the improved benefits plan" shall mean the date
  of enactment of the act which added this  subdivision  twenty-seven,  as
  such  date is certified pursuant to section forty-one of the legislative
  law.

    28. "Five-year-average-salary",  in  the  case  of  an  original  plan
  member,  shall  mean  the  average  annual compensation earnable by such
  member  for  city-service  during  his  or  her  last  five   years   of
  city-service, or during any other five consecutive years of city-service
  since he or she last became a member which such member shall designate.
    * 29.  "Actuarial  equivalent  benefit."  Any  benefit which by law is
  required to be an actuarial equivalent or  by  law  is  required  to  be
  determined on the basis of an actuarial equivalent.
    * NB Added Ch. 910/85 § 19, language juxtaposed per Ch. 907/85 § 14
    * 30.   "Seven   percent   member  for  actuarial  equivalent  benefit
  purposes."  (a) A member who meets all of the following conditions:
    (i) subparagraph (i) of paragraph (j) of  subdivision  eight  of  this
  section  (relating  to  the  definition  of  members  as to whom regular
  interests at seven per centum per annum,  compounded  annually  applies)
  applies to such member; and
    (ii)  an  actuarial  equivalent  benefit  has  become payable to or on
  account of such member; and
    (iii) it is provided by a resolution of the board (A) that a mortality
  table which takes effect on or after the date of enactment (as certified
  pursuant  to  section  forty-one  of  the  legislative  law)   of   this
  subdivision  and  which does not differentiate on the basis of sex shall
  be used to calculate such actuarial equivalent benefit or a  portion  of
  such  benefit,  or  (B)  that  the modified Option 1 pension computation
  formula (as defined in subdivision thirty-two of this section) shall  be
  used to calculate such actuarial equivalent benefit.
    (b) Except in cases to which the modified Option 1 pension computation
  formula  applies  pursuant to a resolution adopted by the board, nothing
  contained in subparagraph (iii) of paragraph  (a)  of  this  subdivision
  thirty  shall  be construed as referring to or including any calculation
  of an actuarial equivalent benefit (or portion of such benefit)  payable
  to  any  person where such calculation is required by such resolution to
  be made through the use of a mortality table in  effect  prior  to  such
  date of enactment.
    * NB Added Ch. 910/85 § 19, language juxtaposed per Ch. 907/85 § 14
    * 31.  "Tier  I  member."  A  member  whose  benefits  (other  than  a
  supplemental retirement allowance) are prescribed by  this  article  and
  who is not subject to the provisions of article eleven, article fourteen
  or article fifteen of the retirement and social security law.
    * NB Added Ch. 910/85 § 19, language juxtaposed per Ch. 907/85 § 14
    * 32. "Modified Option 1 pension computation formula." (a) The method,
  as  set  forth  in  the  succeeding  paragraphs  of this subdivision, of
  computing the following benefits:
    (i) the Option 1 retirement allowance payable to a Tier I  member  who
  retired  as an original plan member for service or superannuation or for
  ordinary  or  accident  disability  or  who  became  an  original   plan
  discontinued  member  not  subject  to  article  eleven  (as  defined in
  subdivision sixteen-a of this section); and
    (ii) the pension component of an Option 1 retirement allowance payable
  to a member who retired as an improved benefits plan member for  service
  or  superannuation  or  ordinary or accident disability or who became an
  improved benefits plan discontinued member (as  defined  in  subdivision
  sixteen-d of this section); and
    (iii)  the  method  of  computing  the  amount of the Option 1 benefit
  payable to the beneficiary or estate of any such member  above  referred
  to in this paragraph.
    (b) The initial reserve for such original plan retirement allowance or
  improved  benefits  plan pension component shall be computed through use
  of mortality tables which are adopted on or after the date of  enactment

  (as  certified  pursuant to section forty-one of the legislative law) of
  this subdivision and which do not differentiate  on  the  basis  of  sex
  (hereinafter  referred  to  as "gender-neutral mortality tables") and an
  interest  assumption  consisting of regular interest of seven per centum
  per annum, compounded annually.
    (c) Solely for the purpose of  use  as  the  minuend  from  which  the
  payments of such original plan retirement allowance or improved benefits
  plan  pension  component  to  such  member  are  subtracted  in order to
  determine the amount of the Option 1 benefit payable, upon such member's
  death, to such member's beneficiary or estate by reason of such Option 1
  selection in relation to such retirement allowance or pension component,
  the present value of such  member's  maximum  original  plan  retirement
  allowance  or  maximum  improved benefits plan pension, as it was at the
  time of such member's retirement, shall be deemed to be the greater of:
    (i) such present value  determined  on  the  basis  of  gender-neutral
  mortality  tables  and  an  interest  assumption  consisting  of regular
  interest of seven per centum per annum, compounded annually; or
    (ii) such present value determined  on  the  basis  of  the  mortality
  tables  and  the  regular  interest  applicable to such member in effect
  immediately prior to the date of enactment  (as  certified  pursuant  to
  section forty-one of the legislative law) of this subdivision.
    (d)  The  original plan retirement allowance or improved benefits plan
  pension component payable to such member shall be computed on the  basis
  of gender-neutral mortality tables and an interest assumption consisting
  of  regular interest of seven per centum per annum, compounded annually,
  so that: (i) the present value, as it was at the time of  such  member's
  retirement, of such retirement allowance or pension component; plus
    (ii)  the  present  value,  as  it  was  at  the time of such member's
  retirement, of the amount payable to such member's Option 1  beneficiary
  or estate upon the death of the member as provided for by the applicable
  provisions  of  paragraph (e) of this subdivision; shall be equal to the
  Option 1 initial reserve determined for such  original  plan  retirement
  allowance  or  improved  benefits plan pension component with respect to
  such member  pursuant  to  the  provisions  of  paragraph  (b)  of  this
  subdivision.
    (e)  Where  such member dies before he or she has received payments on
  account of such original plan retirement allowance or improved  benefits
  plan  pension  component  equal  to  the  present value of such member's
  maximum original plan retirement allowance or maximum improved  benefits
  plan  pension as computed pursuant to paragraph (c) of this subdivision,
  the Option 1 benefit payable  to  the  beneficiary  or  estate  of  such
  deceased  member,  by  reason  of such Option 1 selection in relation to
  such retirement allowance or pension component, shall be  the  remainder
  obtained  by  subtracting from such present value determined pursuant to
  such paragraph (c) in relation to such retirement allowance  or  pension
  component,  the  total  of  such  Option  1  payments on account of such
  retirement allowance or pension component received by or payable to such
  member for the period prior to his or her death.
    (f) In relation to the Option 1 benefits determined  pursuant  to  the
  method  of  computation  set  forth  in  this  subdivision  by reason of
  discontinuance of service by an original plan discontinued member or  an
  improved  benefits  plan  discontinued  member, the phrase "time of such
  member's retirement," as set forth in paragraphs (c)  and  (d)  of  this
  subdivision,  shall  be  deemed, for the purpose of this subdivision, to
  mean the date of  commencement  of  the  retirement  allowance  of  such
  discontinued original plan member or discontinued improved benefits plan
  member.
    * NB Added Ch. 910/85 § 19, language juxtaposed per Ch. 907/85 § 14
    * 33.  "Selection of mode of benefit." The choice made by a member (as
  permitted by and pursuant to the  requirements  of  law  governing  such
  choice  by  such  member) as to whether the maximum amount of his of her
  retirement allowance of a component thereof shall  be  payable  or  such
  retirement  allowance  or  a component thereof shall be payable under an
  option selected by the member. The term "selection of mode  of  benefit"
  shall include a case where the maximum retirement allowance or a maximum
  component thereof becomes payable because of a member's omission, within
  the time permitted by law, to select the maximum benefit or an option.
    * NB Added Ch. 910/85 § 19, language juxtaposed per Ch. 907/85 § 14
    * 34. "Better-of-two-computations method." (a) A method (as prescribed
  by  a  resolution  of  the board) under which a retirement allowance (or
  portion thereof) payable to a member is required to  be  determined  for
  such member so as to be the greater of:
    (i)  such  retirement allowance (or portion thereof) determined on the
  basis of gender-neutral mortality tables and  regular  interest  at  the
  rate of seven per centum per annum, or
    (ii)  such retirement allowance (or portion thereof) determined on the
  basis of the mortality tables and the  regular  interest  applicable  to
  such  member,  as  such  tables and interest were in effect as of a time
  prescribed in such resolution.
    (b) Where, under the provisions of any such resolution of  the  board,
  the  modified  Option  1  pension  computation  formula  (as  defined in
  subdivision thirty-two of this section) applies to any member, the term,
  "better-of-two-computations method," where  used  in  relation  to  such
  member,  shall  be  deemed  to  include  such  modified Option 1 pension
  computation formula,  to  the  extent  that  such  formula  governs  the
  determination  of  (i)  such  member's  retirement allowance (or portion
  thereof), in the case of an original plan member, or  (ii)  the  pension
  component  (or portion thereof) of such member's retirement allowance in
  the case of an improved benefits plan member.
    * NB Added Ch. 910/85 § 19, language juxtaposed per Ch. 907/85 § 14
    * 35. "Person entitled to a recomputation of benefits pursuant to  the
  better-of-two-computations  method."  Any  person  who  meets all of the
  conditions stated below in this subdivision:
    (a) such person, during the period beginning on August first, nineteen
  hundred eighty-three and ending on the date next preceding the  date  of
  enactment  (as  such  date is certified pursuant to section forty-one of
  the legislative law) of this subdivision, (i)  retired  for  service  or
  superannuation   or   for  ordinary  or  accident  disability,  or  (ii)
  discontinued service so as  to  become  an  original  plan  discontinued
  member  (as  defined  in  subdivision  sixteen  of  this  section) or an
  improved benefits plan discontinued member (as  defined  in  subdivision
  sixteen-d of this section); and
    (b)  such  person's  retirement  allowance  (or a portion thereof), by
  reason of such retirement or discontinuance of service, is required by a
  resolution adopted by the board  to  be  redetermined  pursuant  to  the
  better-of-two-computations method (as defined in subdivision thirty-four
  of this section); and
    (c)  a first payment on account of his or her retirement allowance (as
  such retirement allowance was determined prior to the date of  enactment
  of this subdivision) was made prior to such date of enactment.
    * NB Added Ch. 910/85 § 19, language juxtaposed per Ch. 907/85 § 14
    * 36.  "Joint and survivor option." (a) Any option under which, at the
  time when such option is selected, a choice is made which includes both:
    (i) a benefit payable for the lifetime of the retired or vested member
  by whom or in whose behalf such option is selected; and

    (ii)  a  benefit  (A)  which  consists  of  an  amount  equal  to   or
  constituting a percentage of such retired or vested member's benefit and
  (B)  which  is  payable  for  the  lifetime  of a designated beneficiary
  selected at the time when such option is selected.
    (b)  In  any  case  where an option described in paragraph (a) of this
  subdivision includes a provision  prescribing  that  if  the  designated
  beneficiary predeceases such retired or vested member, a maximum benefit
  shall  become  payable to such member, such option shall nevertheless be
  deemed to be a joint and survivor option.
    * NB Added Ch. 910/85 § 19, language juxtaposed per Ch. 907/85 § 14
    * 37. "Original plan member contributions eligible for pick up by  the
  employer."  (a)  With respect to any payroll period for an original plan
  member who is required to make member contributions during such  payroll
  period  under  the  provisions of section 13-325 of this subchapter, the
  term "original plan member contributions eligible for  pick  up  by  the
  employer"  shall  mean  the amount of member contributions which, in the
  absence of an  employer  pick  up  program  applicable  to  such  member
  pursuant  to  section 13-327.1 of this subchapter (providing for pick up
  of required member contributions),  would  be  required  by  law  to  be
  deducted,  on  account  of such member's normal rate of contribution (as
  defined in subdivision seventeen of this section) from the  compensation
  of  such  member for such payroll period, after (1) giving effect to any
  reduction  in  such  contributions  required  under  any   program   for
  increased-take-home-pay  and  (2)  excluding  any  deductions  from such
  compensation (or redeposits or payments) on  account  of  (i)  loans  or
  withdrawals  of  contributions  or  (ii)  any election by such member to
  increase his or her contributions pursuant to subdivision d  of  section
  13-325  of  this subchapter or (iii) any other cause not attributable to
  the member's normal rate of contribution, after reduction,  if  any,  in
  such rate, as described in subparagraph one of this paragraph (a).
    (b)  If  no  deductions on account of an original plan member's normal
  rate  of  contribution  are  required  by  law  to  be  made  from   the
  compensation  of  such  member for any payroll period, such member shall
  not  have,  for  such  payroll  period,   any   original   plan   member
  contributions  eligible  for  pick  up by the employer. The amount of an
  original plan member's original plan member contributions  eligible  for
  pick  up  by  the  employer  for  any payroll period shall be determined
  solely on the basis of compensation paid to such member for such payroll
  period by his or her public employer. An original plan member shall  not
  have  any original plan member contributions eligible for pick up by the
  employer with respect to any payroll period for which he or she  is  not
  paid compensation by his or her public employer.
    * NB Expires per ch. 114/89 § 16
    * 38.  "Improved  benefits plan member contributions eligible for pick
  up by the employer." (a) With respect  to  any  payroll  period  for  an
  improved  benefits  plan  member  (other than any such member who is not
  required to contribute during such payroll period because of his or  her
  currently   effective   election  to  discontinue  member  contributions
  pursuant to subdivision b of section 13-327  of  this  subchapter),  the
  term  "improved  benefits plan member contributions eligible for pick up
  by the employer" shall mean the amount of member contributions which, in
  the absence of an employer pick up program  applicable  to  such  member
  pursuant  to  section 13-327.1 of this subchapter (providing for pick up
  of required member contributions),  would  be  required  by  law  to  be
  deducted,  on account of such member's normal rate of contribution, from
  the compensation of such member  for  such  payroll  period,  after  (1)
  giving  effect to any reduction in such contributions required under any
  program for increased-take-home-pay or pursuant to  subdivision  one  of

  section one hundred thirty-eight-b of the retirement and social security
  law  and  (2)  excluding  any  deductions  from  such  compensation  (or
  redeposits, restorations  or  payments)  on  account  of  (i)  loans  or
  withdrawals  of  excess  contributions  or  (ii)  any  contribution rate
  deficiency (as defined in subdivision twenty-one  of  this  section)  of
  such  member or (iii) any election by such member to increase his or her
  member contributions pursuant to  subdivision  c  or  subdivision  d  of
  section   13-327  of  this  subchapter  or  (iv)  any  other  cause  not
  attributable  to  the  member's  normal  rate  of   contribution   after
  reduction, if any, in such rate as described in subparagraph one of this
  paragraph (a).
    (b)  If no deductions on account of an improved benefits plan member's
  normal rate of contribution are required by law  to  be  made  from  the
  compensation  of  such  member for any payroll period, such member shall
  not have, for such payroll period, any  improved  benefits  plan  member
  contributions  eligible  for  pick  up by the employer. The amount of an
  improved  benefits  plan  member's   improved   benefits   plan   member
  contributions  eligible  for  pick  up  by  the employer for any payroll
  period shall be determined solely on the basis of compensation  paid  to
  such  member  for  such payroll period by his or her public employer. An
  improved benefits plan member shall not have any improved benefits  plan
  member  contributions  eligible for pick up by the employer with respect
  to any payroll period for which he or she is not  paid  compensation  by
  his or her public employer.
    * NB Expires per ch. 114/89 § 16
    * 39.  "Starting  date  for pick up." The first day of the first whole
  payroll period commencing after the date which is three months after the
  internal  revenue  service  shall  have  issued  a  ruling  that  member
  contributions  picked up pursuant to section 13-327.1 of this subchapter
  are not includible as gross income for federal income tax purposes until
  distributed or made available.
    * NB Expires per ch. 114/89 § 16