N.Y. Comp. Codes R. & Regs. tit. 2, § 318.3
(a) A member of the New York State and Local Employees' Retirement System or New York State and Local Police and Fire Retirement System will be considered to have been engaged in “continuous service” as that term is used or referred to in sections 60(f), 60-a, 60-b, 360(g), 360-a, 360-b, 448(e), 508(e), and 606(e) of such law, only for the purpose of establishing eligibility for a death benefit, if, during the period in question, he was eligible to receive service credit, and he met any of the following requirements: