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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| May 27, 2020 |
reported referred to rules |
| May 25, 2020 |
referred to ways and means |
Assembly Bill A10523
2019-2020 Legislative Session
Relates to establishing a coronavirus disease 2019 (COVID-19) presumption for public employee death benefits
download bill text pdfSponsored By
ABBATE
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Marianne Buttenschon
Michael Cusick
Steve Stern
Harry B. Bronson
Karines Reyes
Rodneyse Bichotte Hermelyn
Steven Otis
Charles Fall
Kevin M. Byrne
N. Nick Perry
Brian Barnwell
Felix Ortiz
Jonathan Jacobson
Michael DenDekker
Nicole Malliotakis
Edward Ra
Jo Anne Simon
Kenneth Zebrowski
Helene Weinstein
David McDonough
Steven Cymbrowitz
Judy Griffin
Catherine Nolan
2019-A10523 (ACTIVE) - Details
- See Senate Version of this Bill:
- S8420
- Current Committee:
- Assembly Rules
- Law Section:
- Retirement and Social Security Law
- Laws Affected:
- Add §§61-b, 361-b, 509-a & 607-i, R & SS L; amd §§512 & 2575, Ed L; amd §1266-h, Pub Auth L; add §§13-149.1, 13-244.1, 13-347.1 & 13-544.1, NYC Ad Cd
2019-A10523 (ACTIVE) - Summary
Establish a coronavirus disease 2019 (COVID-19) presumption for public employee death benefits where a member was required to physically report to work; did in fact physically report to work as of March first, two thousand twenty; contracted COVID-19; and where the applicable head of the member's retirement system or such system's medical board determines COVID-19 to have been a significant contributing factor in the member's death.
2019-A10523 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
10523
I N A S S E M B L Y
May 25, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abbate) --
read once and referred to the Committee on Ways and Means
AN ACT to amend the retirement and social security law, the education
law, the public authorities law and the administrative code of the
city of New York, in relation to establishing a coronavirus disease
2019 (COVID-19) presumption for public employee death benefits; and
providing for the repeal of such provisions upon the expiration there-
of
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The retirement and social security law is amended by adding
a new section 61-b to read as follows:
§ 61-B. COVID-19 PRESUMPTION. A. NOTWITHSTANDING ANY OTHER PROVISION
OF THIS ARTICLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY,
EXCEPT FOR PURPOSES OF THE WORKERS' COMPENSATION LAW AND THE LABOR LAW,
WHERE:
1. A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
EMPLOYMENT AT THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY
ALTERNATE WORKSITE AS DIRECTED BY SUCH PUBLIC EMPLOYER, ON OR AFTER
MARCH FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE WORKSITE
WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
2. SUCH MEMBER CONTRACTED COVID-19, INCLUDING BUT NOT LIMITED TO CORO-
NAVIRUS, COVID, OR SARS-COV2, OR EQUIVALENT, WITHIN FORTY-FIVE DAYS
AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVI-
SION AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE
OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR
AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY IN GOOD STANDING, OR A
HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE BY EXECUTIVE ORDER
DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
3. COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN PARAGRAPH TWO OF THIS SUBDIVISION, SUCH
MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16422-10-0
A. 10523 2
WILLFUL NEGLIGENCE ON THEIR PART, UNLESS THE CONTRARY BE PROVED BY
COMPETENT EVIDENCE.
B. ANY AMOUNT PAYABLE AS A RESULT OF THIS SECTION SHALL BE REDUCED BY
ANY AMOUNT PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY RECIPIENT OF
ORDINARY DEATH BENEFITS UNDER THIS ARTICLE.
C. 1. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE OR OF ANY GENERAL,
SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF THE
WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
(I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY THAT ADDED THIS SECTION;
(II) ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN PERSON
TO SUCH MEMBER'S USUAL PLACE OF PUBLIC EMPLOYMENT AT THE DIRECTION OF
SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE AS DIRECTED
BY SUCH PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE WAS NOT
SUCH MEMBER'S HOME OR RESIDENCE;
(III) CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE
OF REPORTING TO WORK IN PERSON, AS CONFIRMED BY A POSITIVE LABORATORY
TEST OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED,
CERTIFIED, REGISTERED OR AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY
IN GOOD STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE
BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(IV) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH,
SUCH MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE
RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A
RESULT OF WILLFUL NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE
PROVED BY COMPETENT EVIDENCE.
2. SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED UNDER THIS ARTICLE,
FOR PURPOSES OF ACCIDENTAL DEATH BENEFITS PAYABLE FROM SUCH MEMBER'S
RETIREMENT SYSTEM UNDER THIS ARTICLE, MAY, WITHIN NINETY DAYS OF THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY THAT
ADDED THIS SECTION, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM TO REQUEST
THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT
INTO AN ACCIDENTAL DEATH BENEFIT. FOR PURPOSES OF THE SALARY BASE UPON
WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH MEMBER SHALL BE
DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT THE TIME
OF SUCH CONVERSION, SUCH STATUTORY BENEFICIARY SHALL RELINQUISH ALL
RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE SERVICE OR DISABIL-
ITY RETIREMENT STATUTE, INCLUDING ANY POST-RETIREMENT DEATH BENEFITS,
SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE ONLY
BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A BENEFIT UNDER THE SERVICE
OR DISABILITY RETIREMENT STATUTE, INCLUDING, BUT NOT LIMITED TO, A POST-
RETIREMENT DEATH BENEFIT OR BENEFIT PAID OR PAYABLE PURSUANT TO THE
MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO THE
STATUTORY BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO
ANY OTHER STATUTORY BENEFICIARY.
D. IN ORDER TO BE ELIGIBLE FOR THE PRESUMPTION DESCRIBED IN THIS
SECTION, THE APPLICABLE RETIREMENT SYSTEM OR SYSTEMS ARE AUTHORIZED TO
PROMULGATE RULES AND REGULATIONS TO ADMINISTER THIS BENEFIT INCLUDING,
BUT NOT LIMITED TO, REQUIRING A STATEMENT TO BE FILED CONFIRMING THE
MEMBER CONTRACTED COVID-19 AND THE DATES AND LOCATIONS OF THE MEMBER'S
EMPLOYMENT.
§ 2. The retirement and social security law is amended by adding a new
section 361-b to read as follows:
A. 10523 3
§ 361-B. COVID-19 PRESUMPTION. A. NOTWITHSTANDING ANY OTHER PROVISION
OF THIS ARTICLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY,
EXCEPT FOR PURPOSES OF THE WORKERS' COMPENSATION LAW AND THE LABOR LAW,
WHERE:
1. A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
EMPLOYMENT AT THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY
ALTERNATE WORKSITE AS DIRECTED BY SUCH PUBLIC EMPLOYER, ON OR AFTER
MARCH FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE WORKSITE
WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
2. SUCH MEMBER CONTRACTED COVID-19, INCLUDING BUT NOT LIMITED TO CORO-
NAVIRUS, COVID, OR SARS-COV2, OR EQUIVALENT, WITHIN FORTY-FIVE DAYS
AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVI-
SION AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE
OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR
AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY IN GOOD STANDING, OR A
HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE BY EXECUTIVE ORDER
DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
3. COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN PARAGRAPH TWO OF THIS SUBDIVISION, SUCH
MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
WILLFUL NEGLIGENCE ON THEIR PART, UNLESS THE CONTRARY BE PROVED BY
COMPETENT EVIDENCE.
B. ANY AMOUNT PAYABLE AS A RESULT OF THIS SECTION SHALL BE REDUCED BY
ANY AMOUNT PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY RECIPIENT OF
ORDINARY DEATH BENEFITS UNDER THIS ARTICLE.
C. 1. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE OR OF ANY GENERAL,
SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF THE
WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
(I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY THAT ADDED THIS SECTION;
(II) ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN PERSON
TO SUCH MEMBER'S USUAL PLACE OF PUBLIC EMPLOYMENT AT THE DIRECTION OF
SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE AS DIRECTED
BY SUCH PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE WAS NOT
SUCH MEMBER'S HOME OR RESIDENCE;
(III) CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE
OF REPORTING TO WORK IN PERSON, AS CONFIRMED BY A POSITIVE LABORATORY
TEST OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED,
CERTIFIED, REGISTERED OR AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY
IN GOOD STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE
BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(IV) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH,
SUCH MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE
RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A
RESULT OF WILLFUL NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE
PROVED BY COMPETENT EVIDENCE.
2. SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED UNDER THIS ARTICLE,
FOR PURPOSES OF ACCIDENTAL DEATH BENEFITS PAYABLE FROM SUCH MEMBER'S
RETIREMENT SYSTEM UNDER THIS ARTICLE, MAY, WITHIN NINETY DAYS OF THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY THAT
ADDED THIS SECTION, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM TO REQUEST
A. 10523 4
THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT
INTO AN ACCIDENTAL DEATH BENEFIT. FOR PURPOSES OF THE SALARY BASE UPON
WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH MEMBER SHALL BE
DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT THE TIME
OF SUCH CONVERSION, SUCH STATUTORY BENEFICIARY SHALL RELINQUISH ALL
RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE SERVICE OR DISABIL-
ITY RETIREMENT STATUTE, INCLUDING ANY POST-RETIREMENT DEATH BENEFITS,
SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE ONLY
BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A BENEFIT UNDER THE SERVICE
OR DISABILITY RETIREMENT STATUTE, INCLUDING, BUT NOT LIMITED TO, A POST-
RETIREMENT DEATH BENEFIT OR BENEFIT PAID OR PAYABLE PURSUANT TO THE
MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO THE
STATUTORY BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO
ANY OTHER STATUTORY BENEFICIARY.
D. IN ORDER TO BE ELIGIBLE FOR THE PRESUMPTION DESCRIBED IN THIS
SECTION, THE APPLICABLE RETIREMENT SYSTEM OR SYSTEMS ARE AUTHORIZED TO
PROMULGATE RULES AND REGULATIONS TO ADMINISTER THIS BENEFIT INCLUDING,
BUT NOT LIMITED TO, REQUIRING A STATEMENT TO BE FILED CONFIRMING THE
MEMBER CONTRACTED COVID-19 AND THE DATES AND LOCATIONS OF THE MEMBER'S
EMPLOYMENT.
§ 3. The retirement and social security law is amended by adding a new
section 509-a to read as follows:
§ 509-A. COVID-19 PRESUMPTION. A. NOTWITHSTANDING ANY OTHER PROVISION
OF THIS ARTICLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY,
EXCEPT FOR PURPOSES OF THE WORKERS' COMPENSATION LAW AND THE LABOR LAW,
WHERE:
1. A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
EMPLOYMENT AT THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY
ALTERNATE WORKSITE AS DIRECTED BY SUCH PUBLIC EMPLOYER, ON OR AFTER
MARCH FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE WORKSITE
WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
2. SUCH MEMBER CONTRACTED COVID-19, INCLUDING BUT NOT LIMITED TO CORO-
NAVIRUS, COVID, OR SARS-COV2, OR EQUIVALENT, WITHIN FORTY-FIVE DAYS
AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVI-
SION AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE
OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR
AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY IN GOOD STANDING, OR A
HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE BY EXECUTIVE ORDER
DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
3. COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN PARAGRAPH TWO OF THIS SUBDIVISION, SUCH
MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
WILLFUL NEGLIGENCE ON THEIR PART, UNLESS THE CONTRARY BE PROVED BY
COMPETENT EVIDENCE.
B. ANY AMOUNT PAYABLE AS A RESULT OF THIS SECTION SHALL BE REDUCED BY
ANY AMOUNT PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY RECIPIENT OF
ORDINARY DEATH BENEFITS UNDER THIS ARTICLE.
C. 1. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE OR OF ANY GENERAL,
SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF THE
WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
(I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY THAT ADDED THIS SECTION;
A. 10523 5
(II) ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN PERSON
TO SUCH MEMBER'S USUAL PLACE OF PUBLIC EMPLOYMENT AT THE DIRECTION OF
SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE AS DIRECTED
BY SUCH PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE WAS NOT
SUCH MEMBER'S HOME OR RESIDENCE;
(III) CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE
OF REPORTING TO WORK IN PERSON, AS CONFIRMED BY A POSITIVE LABORATORY
TEST OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED,
CERTIFIED, REGISTERED OR AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY
IN GOOD STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE
BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(IV) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH,
SUCH MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE
RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A
RESULT OF WILLFUL NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE
PROVED BY COMPETENT EVIDENCE.
2. SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED UNDER THIS ARTICLE,
FOR PURPOSES OF ACCIDENTAL DEATH BENEFITS PAYABLE FROM SUCH MEMBER'S
RETIREMENT SYSTEM UNDER THIS ARTICLE, MAY, WITHIN NINETY DAYS OF THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY THAT
ADDED THIS SECTION, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM TO REQUEST
THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT
INTO AN ACCIDENTAL DEATH BENEFIT. FOR PURPOSES OF THE SALARY BASE UPON
WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH MEMBER SHALL BE
DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT THE TIME
OF SUCH CONVERSION, SUCH STATUTORY BENEFICIARY SHALL RELINQUISH ALL
RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE SERVICE OR DISABIL-
ITY RETIREMENT STATUTE, INCLUDING ANY POST-RETIREMENT DEATH BENEFITS,
SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE ONLY
BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A BENEFIT UNDER THE SERVICE
OR DISABILITY RETIREMENT STATUTE, INCLUDING, BUT NOT LIMITED TO, A POST-
RETIREMENT DEATH BENEFIT OR BENEFIT PAID OR PAYABLE PURSUANT TO THE
MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO THE
STATUTORY BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO
ANY OTHER STATUTORY BENEFICIARY.
D. IN ORDER TO BE ELIGIBLE FOR THE PRESUMPTION DESCRIBED IN THIS
SECTION, THE APPLICABLE RETIREMENT SYSTEM OR SYSTEMS ARE AUTHORIZED TO
PROMULGATE RULES AND REGULATIONS TO ADMINISTER THIS BENEFIT INCLUDING,
BUT NOT LIMITED TO, REQUIRING A STATEMENT TO BE FILED CONFIRMING THE
MEMBER CONTRACTED COVID-19 AND THE DATES AND LOCATIONS OF THE MEMBER'S
EMPLOYMENT.
§ 4. The retirement and social security law is amended by adding a new
section 607-i to read as follows:
§ 607-I. COVID-19 PRESUMPTION. A. NOTWITHSTANDING ANY OTHER PROVISION
OF THIS ARTICLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY,
EXCEPT FOR PURPOSES OF THE WORKERS' COMPENSATION LAW AND THE LABOR LAW,
WHERE:
1. A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
EMPLOYMENT AT THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY
ALTERNATE WORKSITE AS DIRECTED BY SUCH PUBLIC EMPLOYER, ON OR AFTER
MARCH FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE WORKSITE
WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
2. SUCH MEMBER CONTRACTED COVID-19, INCLUDING BUT NOT LIMITED TO CORO-
NAVIRUS, COVID, OR SARS-COV2, OR EQUIVALENT, WITHIN FORTY-FIVE DAYS
A. 10523 6
AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVI-
SION AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE
OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR
AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY IN GOOD STANDING, OR A
HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE BY EXECUTIVE ORDER
DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
3. COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN PARAGRAPH TWO OF THIS SUBDIVISION, SUCH
MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
WILLFUL NEGLIGENCE ON THEIR PART, UNLESS THE CONTRARY BE PROVED BY
COMPETENT EVIDENCE.
B. ANY AMOUNT PAYABLE AS A RESULT OF THIS SECTION SHALL BE REDUCED BY
ANY AMOUNT PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY RECIPIENT OF
ORDINARY DEATH BENEFITS UNDER THIS ARTICLE.
C. 1. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE OR OF ANY GENERAL,
SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF THE
WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
(I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY THAT ADDED THIS SECTION;
(II) ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN PERSON
TO SUCH MEMBER'S USUAL PLACE OF PUBLIC EMPLOYMENT AT THE DIRECTION OF
SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE AS DIRECTED
BY SUCH PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE WAS NOT
SUCH MEMBER'S HOME OR RESIDENCE;
(III) CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE
OF REPORTING TO WORK IN PERSON, AS CONFIRMED BY A POSITIVE LABORATORY
TEST OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED,
CERTIFIED, REGISTERED OR AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY
IN GOOD STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE
BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(IV) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH,
SUCH MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE
RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A
RESULT OF WILLFUL NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE
PROVED BY COMPETENT EVIDENCE.
2. SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED UNDER THIS ARTICLE,
FOR PURPOSES OF ACCIDENTAL DEATH BENEFITS PAYABLE FROM SUCH MEMBER'S
RETIREMENT SYSTEM UNDER THIS ARTICLE, MAY, WITHIN NINETY DAYS OF THE
EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY THAT
ADDED THIS SECTION, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM TO REQUEST
THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT
INTO AN ACCIDENTAL DEATH BENEFIT. FOR PURPOSES OF THE SALARY BASE UPON
WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH MEMBER SHALL BE
DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT THE TIME
OF SUCH CONVERSION, SUCH STATUTORY BENEFICIARY SHALL RELINQUISH ALL
RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE SERVICE OR DISABIL-
ITY RETIREMENT STATUTE, INCLUDING ANY POST-RETIREMENT DEATH BENEFITS,
SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE ONLY
BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A BENEFIT UNDER THE SERVICE
OR DISABILITY RETIREMENT STATUTE, INCLUDING, BUT NOT LIMITED TO, A POST-
RETIREMENT DEATH BENEFIT OR BENEFIT PAID OR PAYABLE PURSUANT TO THE
A. 10523 7
MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO THE
STATUTORY BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO
ANY OTHER STATUTORY BENEFICIARY.
D. IN ORDER TO BE ELIGIBLE FOR THE PRESUMPTION DESCRIBED IN THIS
SECTION, THE APPLICABLE RETIREMENT SYSTEM OR SYSTEMS ARE AUTHORIZED TO
PROMULGATE RULES AND REGULATIONS TO ADMINISTER THIS BENEFIT INCLUDING,
BUT NOT LIMITED TO, REQUIRING A STATEMENT TO BE FILED CONFIRMING THE
MEMBER CONTRACTED COVID-19 AND THE DATES AND LOCATIONS OF THE MEMBER'S
EMPLOYMENT.
§ 5. Section 512 of the education law is amended by adding a new
subdivision h to read as follows:
H. 1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE OR OF ANY
GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, EXCEPT FOR PURPOSES OF
THE WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE:
(A) A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
EMPLOYMENT AT THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY
ALTERNATE WORKSITE AS DIRECTED BY SUCH PUBLIC EMPLOYER, ON OR AFTER
MARCH FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE WORKSITE
WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
(B) SUCH MEMBER CONTRACTED COVID-19, INCLUDING BUT NOT LIMITED TO
CORONAVIRUS, COVID, OR SARS-COV2, OR EQUIVALENT, WITHIN FORTY-FIVE DAYS
AFTER REPORTING TO WORK AS DESCRIBED IN SUBPARAGRAPH (A) OF THIS PARA-
GRAPH AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE
OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR
AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY IN GOOD STANDING, OR A
HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE BY EXECUTIVE ORDER
DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(C) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN SUBPARAGRAPH (B) OF THIS PARAGRAPH, SUCH
MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
WILLFUL NEGLIGENCE ON THEIR PART, UNLESS THE CONTRARY BE PROVED BY
COMPETENT EVIDENCE.
2. ANY AMOUNT PAYABLE AS A RESULT OF THIS SECTION SHALL BE REDUCED BY
ANY AMOUNT PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY RECIPIENT OF
ORDINARY DEATH BENEFITS UNDER THIS ARTICLE.
3. (A) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE OR OF ANY GENER-
AL, SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF
THE WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
(I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY THAT ADDED THIS SUBDIVISION;
(II) ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN PERSON
TO SUCH MEMBER'S USUAL PLACE OF PUBLIC EMPLOYMENT AT THE DIRECTION OF
SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE AS DIRECTED
BY SUCH PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE WAS NOT
SUCH MEMBER'S HOME OR RESIDENCE;
(III) CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE
OF REPORTING TO WORK IN PERSON, AS CONFIRMED BY A POSITIVE LABORATORY
TEST OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED,
CERTIFIED, REGISTERED OR AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY
IN GOOD STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE
BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(IV) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
A. 10523 8
CARE PRACTITIONER DESCRIBED IN CLAUSE (III) OF THIS SUBPARAGRAPH, SUCH
MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
WILLFUL NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE PROVED BY
COMPETENT EVIDENCE.
(B) SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED UNDER THIS ARTI-
CLE, FOR PURPOSES OF ACCIDENTAL DEATH BENEFITS PAYABLE FROM SUCH
MEMBER'S RETIREMENT SYSTEM UNDER THIS ARTICLE, MAY, WITHIN NINETY DAYS
OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY
THAT ADDED THIS SUBDIVISION, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM TO
REQUEST THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT
BENEFIT INTO AN ACCIDENTAL DEATH BENEFIT. FOR PURPOSES OF THE SALARY
BASE UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH MEMBER
SHALL BE DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT
THE TIME OF SUCH CONVERSION, SUCH STATUTORY BENEFICIARY SHALL RELINQUISH
ALL RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE SERVICE OR
DISABILITY RETIREMENT STATUTE, INCLUDING ANY POST-RETIREMENT DEATH BENE-
FITS, SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE
ONLY BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A BENEFIT UNDER THE
SERVICE OR DISABILITY RETIREMENT STATUTE, INCLUDING, BUT NOT LIMITED TO,
A POST-RETIREMENT DEATH BENEFIT OR BENEFIT PAID OR PAYABLE PURSUANT TO
THE MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO
THE STATUTORY BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE
TO ANY OTHER STATUTORY BENEFICIARY.
4. IN ORDER TO BE ELIGIBLE FOR THE PRESUMPTION DESCRIBED IN THIS
SUBDIVISION, THE APPLICABLE RETIREMENT SYSTEM OR SYSTEMS ARE AUTHORIZED
TO PROMULGATE RULES AND REGULATIONS TO ADMINISTER THIS BENEFIT INCLUD-
ING, BUT NOT LIMITED TO, REQUIRING A STATEMENT TO BE FILED CONFIRMING
THE MEMBER CONTRACTED COVID-19 AND THE DATES AND LOCATIONS OF THE
MEMBER'S EMPLOYMENT.
§ 6. Section 2575 of the education law is amended by adding a new
subdivision 26 to read as follows:
26. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE OR OF ANY
GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, EXCEPT FOR PURPOSES OF
THE WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE:
(I) A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
EMPLOYMENT AT THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY
ALTERNATE WORKSITE AS DIRECTED BY SUCH PUBLIC EMPLOYER, ON OR AFTER
MARCH FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE WORKSITE
WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
(II) SUCH MEMBER CONTRACTED COVID-19, INCLUDING BUT NOT LIMITED TO
CORONAVIRUS, COVID, OR SARS-COV2, OR EQUIVALENT, WITHIN FORTY-FIVE DAYS
AFTER REPORTING TO WORK AS DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARA-
GRAPH AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE
OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR
AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY IN GOOD STANDING, OR A
HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE BY EXECUTIVE ORDER
DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(III) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, SUCH
MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
WILLFUL NEGLIGENCE ON THEIR PART, UNLESS THE CONTRARY BE PROVED BY
COMPETENT EVIDENCE.
A. 10523 9
(B) ANY AMOUNT PAYABLE AS A RESULT OF THIS SUBDIVISION SHALL BE
REDUCED BY ANY AMOUNT PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY
RECIPIENT OF ORDINARY DEATH BENEFITS UNDER THIS ARTICLE.
(C) (I) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE OR OF ANY GENER-
AL, SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF
THE WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
(1) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY THAT ADDED THIS SUBDIVISION;
(2) ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN PERSON
TO SUCH MEMBER'S USUAL PLACE OF PUBLIC EMPLOYMENT AT THE DIRECTION OF
SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE AS DIRECTED
BY SUCH PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE WAS NOT
SUCH MEMBER'S HOME OR RESIDENCE;
(3) CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE OF
REPORTING TO WORK IN PERSON, AS CONFIRMED BY A POSITIVE LABORATORY TEST
OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED,
CERTIFIED, REGISTERED OR AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY
IN GOOD STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE
BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(4) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN CLAUSE THREE OF THIS SUBPARAGRAPH, SUCH
MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
WILLFUL NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE PROVED BY
COMPETENT EVIDENCE.
(II) SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED UNDER THIS
SECTION, FOR PURPOSES OF ACCIDENTAL DEATH BENEFITS PAYABLE FROM SUCH
MEMBER'S RETIREMENT SYSTEM UNDER THIS SECTION, MAY, WITHIN NINETY DAYS
OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY
THAT ADDED THIS SUBDIVISION, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM TO
REQUEST THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT
BENEFIT INTO AN ACCIDENTAL DEATH BENEFIT. FOR PURPOSES OF THE SALARY
BASE UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH MEMBER
SHALL BE DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT
THE TIME OF SUCH CONVERSION, SUCH STATUTORY BENEFICIARY SHALL RELINQUISH
ALL RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE SERVICE OR
DISABILITY RETIREMENT STATUTE, INCLUDING ANY POST-RETIREMENT DEATH BENE-
FITS, SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE
ONLY BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A BENEFIT UNDER THE
SERVICE OR DISABILITY RETIREMENT STATUTE, INCLUDING, BUT NOT LIMITED TO,
A POST-RETIREMENT DEATH BENEFIT OR BENEFIT PAID OR PAYABLE PURSUANT TO
THE MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO
THE STATUTORY BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE
TO ANY OTHER STATUTORY BENEFICIARY.
(D) IN ORDER TO BE ELIGIBLE FOR THE PRESUMPTION DESCRIBED IN THIS
SUBDIVISION, THE APPLICABLE RETIREMENT SYSTEM OR SYSTEMS ARE AUTHORIZED
TO PROMULGATE RULES AND REGULATIONS TO ADMINISTER THIS BENEFIT INCLUD-
ING, BUT NOT LIMITED TO, REQUIRING A STATEMENT TO BE FILED CONFIRMING
THE MEMBER CONTRACTED COVID-19 AND THE DATES AND LOCATIONS OF THE
MEMBER'S EMPLOYMENT.
§ 7. Section 1266-h of the public authorities law is amended by adding
a new subdivision 8 to read as follows:
A. 10523 10
8. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR OF ANY
GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, EXCEPT FOR PURPOSES OF
THE WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE:
(I) A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
EMPLOYMENT AT THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY
ALTERNATE WORKSITE AS DIRECTED BY SUCH PUBLIC EMPLOYER, ON OR AFTER
MARCH FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE WORKSITE
WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
(II) SUCH MEMBER CONTRACTED COVID-19, INCLUDING BUT NOT LIMITED TO
CORONAVIRUS, COVID, OR SARS-COV2, OR THE EQUIVALENT, WITHIN FORTY-FIVE
DAYS AFTER REPORTING TO WORK PURSUANT TO SUBPARAGRAPH (I) OF THIS PARA-
GRAPH, AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE
OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR
AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY IN GOOD STANDING, OR A
HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE BY EXECUTIVE ORDER
DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(III) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, SUCH
MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
WILLFUL NEGLIGENCE ON THEIR PART, UNLESS THE CONTRARY BE PROVED BY
COMPETENT EVIDENCE.
(B) ANY AMOUNT PAYABLE AS A RESULT OF THIS SECTION SHALL BE REDUCED BY
ANY AMOUNT PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY RECIPIENT OF
ORDINARY DEATH BENEFITS PURSUANT TO THIS SECTION.
(C) NOTWITHSTANDING ANY PROVISION OF THIS SECTION OR OF ANY GENERAL,
SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF THE
WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
(1) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE THE DATE ON WHICH THE CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY WHICH ADDED THIS SUBDIVISION BECAME A LAW;
(2) ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN PERSON
TO SUCH MEMBER'S USUAL PLACE OF PUBLIC EMPLOYMENT AT THE DIRECTION OF
SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE AS DIRECTED
BY SUCH PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE WAS NOT
SUCH MEMBER'S HOME OR RESIDENCE;
(3) CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE OF
REPORTING TO WORK IN PERSON, AS CONFIRMED BY A POSITIVE LABORATORY TEST
OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED,
CERTIFIED, REGISTERED OR AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY
IN GOOD STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE
BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(4) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN SUBPARAGRAPH THREE OF THIS PARAGRAPH,
SUCH MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE
RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A
RESULT OF WILLFUL NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE
PROVED BY COMPETENT EVIDENCE.
(D) SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED PURSUANT TO THIS
SECTION, FOR PURPOSES OF ACCIDENTAL DEATH BENEFITS PAYABLE FROM SUCH
MEMBER'S RETIREMENT SYSTEM UNDER THIS SECTION, MAY, WITHIN NINETY DAYS
OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY
WHICH ADDED THIS SUBDIVISION, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM
TO REQUEST THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIRE-
A. 10523 11
MENT BENEFIT INTO AN ACCIDENTAL DEATH BENEFIT. FOR PURPOSES OF THE SALA-
RY BASE UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH
MEMBER SHALL BE DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIRE-
MENT. AT THE TIME OF SUCH CONVERSION, SUCH STATUTORY BENEFICIARY SHALL
RELINQUISH ALL RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE
SERVICE OR DISABILITY RETIREMENT STATUTE, INCLUDING ANY POST-RETIREMENT
DEATH BENEFITS, SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY
IS NOT THE ONLY BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A BENEFIT
UNDER THE SERVICE OR DISABILITY RETIREMENT STATUTE INCLUDING, BUT NOT
LIMITED TO, A POST-RETIREMENT DEATH BENEFIT OR BENEFIT PAID OR PAYABLE
PURSUANT TO THE MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT
PAYMENTS TO THE STATUTORY BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS
PAID OR PAYABLE TO ANY OTHER STATUTORY BENEFICIARY.
(E) IN ORDER TO BE ELIGIBLE FOR THE PRESUMPTION DESCRIBED IN THIS
SUBDIVISION, THE APPLICABLE RETIREMENT SYSTEM OR SYSTEMS ARE AUTHORIZED
TO PROMULGATE RULES AND REGULATIONS TO ADMINISTER THIS BENEFIT INCLUD-
ING, BUT NOT LIMITED TO, REQUIRING A STATEMENT TO BE FILED CONFIRMING
THE MEMBER CONTRACTED COVID-19 AND THE DATES AND LOCATIONS OF SUCH
MEMBER'S EMPLOYMENT.
§ 8. The administrative code of the city of New York is amended by
adding a new section 13-149.1 to read as follows:
§ 13-149.1 COVID-19 PRESUMPTION. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS TITLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE
CONTRARY, EXCEPT FOR PURPOSES OF THE WORKERS' COMPENSATION LAW AND THE
LABOR LAW, WHERE:
(A) A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
EMPLOYMENT AT THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY
ALTERNATE WORKSITE AS DIRECTED BY SUCH PUBLIC EMPLOYER, ON OR AFTER
MARCH FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE WORKSITE
WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
(B) SUCH MEMBER CONTRACTED COVID-19, INCLUDING BUT NOT LIMITED TO
CORONAVIRUS, COVID, OR SARS-COV2, OR EQUIVALENT, WITHIN FORTY-FIVE DAYS
AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVI-
SION, AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE
OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR
AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY IN GOOD STANDING, OR A
HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE BY EXECUTIVE ORDER
DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(C) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION, SUCH
MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
WILLFUL NEGLIGENCE ON THEIR PART, UNLESS THE CONTRARY BE PROVED BY
COMPETENT EVIDENCE.
2. ANY AMOUNT PAYABLE AS A RESULT OF THIS TITLE SHALL BE REDUCED BY
ANY AMOUNT PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY RECIPIENT OF
ORDINARY DEATH BENEFITS UNDER THIS TITLE.
3. NOTWITHSTANDING ANY PROVISION OF THIS TITLE OR OF ANY GENERAL,
SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF THE
WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
(A) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY WHICH ADDED THIS SECTION;
(B) ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN PERSON
TO SUCH MEMBER'S USUAL PLACE OF PUBLIC EMPLOYMENT AT THE DIRECTION OF
A. 10523 12
SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE AS DIRECTED
BY SUCH PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE WAS NOT
SUCH MEMBER'S HOME OR RESIDENCE;
(C) CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE OF
REPORTING TO WORK IN PERSON, AS CONFIRMED BY A POSITIVE LABORATORY TEST
OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED,
CERTIFIED, REGISTERED OR AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY
IN GOOD STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE
BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(D) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION, SUCH
MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
WILLFUL NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE PROVED BY
COMPETENT EVIDENCE.
4. SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED PURSUANT TO THIS
TITLE, FOR PURPOSES OF ACCIDENTAL DEATH BENEFITS PAYABLE FROM SUCH
MEMBER'S RETIREMENT SYSTEM UNDER THIS TITLE, MAY, WITHIN NINETY DAYS OF
THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY
WHICH ADDED THIS SECTION, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM TO
REQUEST THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT
BENEFIT INTO AN ACCIDENTAL DEATH BENEFIT. FOR PURPOSES OF THE SALARY
BASE UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH MEMBER
SHALL BE DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT
THE TIME OF SUCH CONVERSION, SUCH STATUTORY BENEFICIARY SHALL RELINQUISH
ALL RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE SERVICE OR
DISABILITY RETIREMENT STATUTE, INCLUDING ANY POST-RETIREMENT DEATH BENE-
FITS, SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE
ONLY BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A BENEFIT UNDER THE
SERVICE OR DISABILITY RETIREMENT STATUTE INCLUDING, BUT NOT LIMITED TO,
A POST-RETIREMENT DEATH BENEFIT OR BENEFIT PAID OR PAYABLE PURSUANT TO
THE MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO
THE STATUTORY BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE
TO ANY OTHER STATUTORY BENEFICIARY.
5. IN ORDER TO BE ELIGIBLE FOR THE PRESUMPTION DESCRIBED IN THIS
TITLE, THE APPLICABLE RETIREMENT SYSTEM OR SYSTEMS ARE AUTHORIZED TO
PROMULGATE RULES AND REGULATIONS TO ADMINISTER THIS BENEFIT INCLUDING,
BUT NOT LIMITED TO, REQUIRING A STATEMENT TO BE FILED CONFIRMING THE
MEMBER CONTRACTED COVID-19 AND THE DATES AND LOCATIONS OF SUCH MEMBER'S
EMPLOYMENT.
§ 9. The administrative code of the city of New York is amended by
adding a new section 13-244.1 to read as follows:
§ 13-244.1 COVID-19 PRESUMPTION. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS TITLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE
CONTRARY, EXCEPT FOR PURPOSES OF THE WORKERS' COMPENSATION LAW AND THE
LABOR LAW, WHERE:
(A) A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
EMPLOYMENT AT THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY
ALTERNATE WORKSITE AS DIRECTED BY SUCH PUBLIC EMPLOYER, ON OR AFTER
MARCH FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE WORKSITE
WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
(B) SUCH MEMBER CONTRACTED COVID-19, INCLUDING BUT NOT LIMITED TO
CORONAVIRUS, COVID, OR SARS-COV2, OR EQUIVALENT, WITHIN FORTY-FIVE DAYS
AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVI-
SION, AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE
A. 10523 13
OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR
AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY IN GOOD STANDING, OR A
HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE BY EXECUTIVE ORDER
DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(C) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION, SUCH
MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
WILLFUL NEGLIGENCE ON THEIR PART, UNLESS THE CONTRARY BE PROVED BY
COMPETENT EVIDENCE.
2. ANY AMOUNT PAYABLE AS A RESULT OF THIS TITLE SHALL BE REDUCED BY
ANY AMOUNT PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY RECIPIENT OF
ORDINARY DEATH BENEFITS UNDER THIS TITLE.
3. NOTWITHSTANDING ANY PROVISION OF THIS TITLE OR OF ANY GENERAL,
SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF THE
WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
(A) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY WHICH ADDED THIS SECTION;
(B) ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN PERSON
TO SUCH MEMBER'S USUAL PLACE OF PUBLIC EMPLOYMENT AT THE DIRECTION OF
SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE AS DIRECTED
BY SUCH PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE WAS NOT
SUCH MEMBER'S HOME OR RESIDENCE;
(C) CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE OF
REPORTING TO WORK IN PERSON, AS CONFIRMED BY A POSITIVE LABORATORY TEST
OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED,
CERTIFIED, REGISTERED OR AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY
IN GOOD STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE
BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(D) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION, SUCH
MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
WILLFUL NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE PROVED BY
COMPETENT EVIDENCE.
4. SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED PURSUANT TO THIS
TITLE, FOR PURPOSES OF ACCIDENTAL DEATH BENEFITS PAYABLE FROM SUCH
MEMBER'S RETIREMENT SYSTEM UNDER THIS TITLE, MAY, WITHIN NINETY DAYS OF
THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY
WHICH ADDED THIS SECTION, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM TO
REQUEST THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT
BENEFIT INTO AN ACCIDENTAL DEATH BENEFIT. FOR PURPOSES OF THE SALARY
BASE UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH MEMBER
SHALL BE DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT
THE TIME OF SUCH CONVERSION, SUCH STATUTORY BENEFICIARY SHALL RELINQUISH
ALL RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE SERVICE OR
DISABILITY RETIREMENT STATUTE, INCLUDING ANY POST-RETIREMENT DEATH BENE-
FITS, SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE
ONLY BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A BENEFIT UNDER THE
SERVICE OR DISABILITY RETIREMENT STATUTE INCLUDING, BUT NOT LIMITED TO,
A POST-RETIREMENT DEATH BENEFIT OR BENEFIT PAID OR PAYABLE PURSUANT TO
THE MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO
A. 10523 14
THE STATUTORY BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE
TO ANY OTHER STATUTORY BENEFICIARY.
5. IN ORDER TO BE ELIGIBLE FOR THE PRESUMPTION DESCRIBED IN THIS
TITLE, THE APPLICABLE RETIREMENT SYSTEM OR SYSTEMS ARE AUTHORIZED TO
PROMULGATE RULES AND REGULATIONS TO ADMINISTER THIS BENEFIT INCLUDING,
BUT NOT LIMITED TO, REQUIRING A STATEMENT TO BE FILED CONFIRMING THE
MEMBER CONTRACTED COVID-19 AND THE DATES AND LOCATIONS OF SUCH MEMBER'S
EMPLOYMENT.
§ 10. The administrative code of the city of New York is amended by
adding a new section 13-347.1 to read as follows:
§ 13-347.1 COVID-19 PRESUMPTION. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS TITLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE
CONTRARY, EXCEPT FOR PURPOSES OF THE WORKERS' COMPENSATION LAW AND THE
LABOR LAW, WHERE:
(A) A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
EMPLOYMENT AT THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY
ALTERNATE WORKSITE AS DIRECTED BY SUCH PUBLIC EMPLOYER, ON OR AFTER
MARCH FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE WORKSITE
WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
(B) SUCH MEMBER CONTRACTED COVID-19, INCLUDING BUT NOT LIMITED TO
CORONAVIRUS, COVID, OR SARS-COV2, OR EQUIVALENT, WITHIN FORTY-FIVE DAYS
AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVI-
SION, AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE
OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR
AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY IN GOOD STANDING, OR A
HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE BY EXECUTIVE ORDER
DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(C) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION, SUCH
MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
WILLFUL NEGLIGENCE ON THEIR PART, UNLESS THE CONTRARY BE PROVED BY
COMPETENT EVIDENCE.
2. ANY AMOUNT PAYABLE AS A RESULT OF THIS TITLE SHALL BE REDUCED BY
ANY AMOUNT PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY RECIPIENT OF
ORDINARY DEATH BENEFITS UNDER THIS TITLE.
3. NOTWITHSTANDING ANY PROVISION OF THIS TITLE OR OF ANY GENERAL,
SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF THE
WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
(A) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY WHICH ADDED THIS SECTION;
(B) ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN PERSON
TO SUCH MEMBER'S USUAL PLACE OF PUBLIC EMPLOYMENT AT THE DIRECTION OF
SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE AS DIRECTED
BY SUCH PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE WAS NOT
SUCH MEMBER'S HOME OR RESIDENCE;
(C) CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE OF
REPORTING TO WORK IN PERSON, AS CONFIRMED BY A POSITIVE LABORATORY TEST
OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED,
CERTIFIED, REGISTERED OR AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY
IN GOOD STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE
BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(D) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
A. 10523 15
CARE PRACTITIONER DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION, SUCH
MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
WILLFUL NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE PROVED BY
COMPETENT EVIDENCE.
4. SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED PURSUANT TO THIS
TITLE, FOR PURPOSES OF ACCIDENTAL DEATH BENEFITS PAYABLE FROM SUCH
MEMBER'S RETIREMENT SYSTEM UNDER THIS TITLE, MAY, WITHIN NINETY DAYS OF
THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY
WHICH ADDED THIS SECTION, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM TO
REQUEST THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT
BENEFIT INTO AN ACCIDENTAL DEATH BENEFIT. FOR PURPOSES OF THE SALARY
BASE UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH MEMBER
SHALL BE DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT
THE TIME OF SUCH CONVERSION, SUCH STATUTORY BENEFICIARY SHALL RELINQUISH
ALL RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE SERVICE OR
DISABILITY RETIREMENT STATUTE, INCLUDING ANY POST-RETIREMENT DEATH BENE-
FITS, SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE
ONLY BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A BENEFIT UNDER THE
SERVICE OR DISABILITY RETIREMENT STATUTE INCLUDING, BUT NOT LIMITED TO,
A POST-RETIREMENT DEATH BENEFIT OR BENEFIT PAID OR PAYABLE PURSUANT TO
THE MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO
THE STATUTORY BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE
TO ANY OTHER STATUTORY BENEFICIARY.
5. IN ORDER TO BE ELIGIBLE FOR THE PRESUMPTION DESCRIBED IN THIS
TITLE, THE APPLICABLE RETIREMENT SYSTEM OR SYSTEMS ARE AUTHORIZED TO
PROMULGATE RULES AND REGULATIONS TO ADMINISTER THIS BENEFIT INCLUDING,
BUT NOT LIMITED TO, REQUIRING A STATEMENT TO BE FILED CONFIRMING THE
MEMBER CONTRACTED COVID-19 AND THE DATES AND LOCATIONS OF SUCH MEMBER'S
EMPLOYMENT.
§ 11. The administrative code of the city of New York is amended by
adding a new section 13-544.1 to read as follows:
§ 13-544.1 COVID-19 PRESUMPTION. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS TITLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE
CONTRARY, EXCEPT FOR PURPOSES OF THE WORKERS' COMPENSATION LAW AND THE
LABOR LAW, WHERE:
(A) A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
EMPLOYMENT AT THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY
ALTERNATE WORKSITE AS DIRECTED BY SUCH PUBLIC EMPLOYER, ON OR AFTER
MARCH FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE WORKSITE
WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
(B) SUCH MEMBER CONTRACTED COVID-19, INCLUDING BUT NOT LIMITED TO
CORONAVIRUS, COVID, OR SARS-COV2, OR EQUIVALENT, WITHIN FORTY-FIVE DAYS
AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVI-
SION, AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE
OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR
AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY IN GOOD STANDING, OR A
HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE BY EXECUTIVE ORDER
DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(C) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION, SUCH
MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
WILLFUL NEGLIGENCE ON THEIR PART, UNLESS THE CONTRARY BE PROVED BY
COMPETENT EVIDENCE.
A. 10523 16
2. ANY AMOUNT PAYABLE AS A RESULT OF THIS TITLE SHALL BE REDUCED BY
ANY AMOUNT PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY RECIPIENT OF
ORDINARY DEATH BENEFITS UNDER THIS TITLE.
3. NOTWITHSTANDING ANY PROVISION OF THIS TITLE OR OF ANY GENERAL,
SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF THE
WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
(A) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND TWENTY WHICH ADDED THIS SECTION;
(B) ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN PERSON
TO SUCH MEMBER'S USUAL PLACE OF PUBLIC EMPLOYMENT AT THE DIRECTION OF
SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE AS DIRECTED
BY SUCH PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE WAS NOT
SUCH MEMBER'S HOME OR RESIDENCE;
(C) CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE OF
REPORTING TO WORK IN PERSON, AS CONFIRMED BY A POSITIVE LABORATORY TEST
OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED,
CERTIFIED, REGISTERED OR AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY
IN GOOD STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE
BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(D) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
CARE PRACTITIONER DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION, SUCH
MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
WILLFUL NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE PROVED BY
COMPETENT EVIDENCE.
4. SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED PURSUANT TO THIS
TITLE, FOR PURPOSES OF ACCIDENTAL DEATH BENEFITS PAYABLE FROM SUCH
MEMBER'S RETIREMENT SYSTEM UNDER THIS TITLE, MAY, WITHIN NINETY DAYS OF
THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY
WHICH ADDED THIS SECTION, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM TO
REQUEST THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT
BENEFIT INTO AN ACCIDENTAL DEATH BENEFIT. FOR PURPOSES OF THE SALARY
BASE UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH MEMBER
SHALL BE DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT
THE TIME OF SUCH CONVERSION, SUCH STATUTORY BENEFICIARY SHALL RELINQUISH
ALL RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE SERVICE OR
DISABILITY RETIREMENT STATUTE, INCLUDING ANY POST-RETIREMENT DEATH BENE-
FITS, SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE
ONLY BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A BENEFIT UNDER THE
SERVICE OR DISABILITY RETIREMENT STATUTE INCLUDING, BUT NOT LIMITED TO,
A POST-RETIREMENT DEATH BENEFIT OR BENEFIT PAID OR PAYABLE PURSUANT TO
THE MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO
THE STATUTORY BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE
TO ANY OTHER STATUTORY BENEFICIARY.
5. IN ORDER TO BE ELIGIBLE FOR THE PRESUMPTION DESCRIBED IN THIS
TITLE, THE APPLICABLE RETIREMENT SYSTEM OR SYSTEMS ARE AUTHORIZED TO
PROMULGATE RULES AND REGULATIONS TO ADMINISTER THIS BENEFIT INCLUDING,
BUT NOT LIMITED TO, REQUIRING A STATEMENT TO BE FILED CONFIRMING THE
MEMBER CONTRACTED COVID-19 AND THE DATES AND LOCATIONS OF SUCH MEMBER'S
EMPLOYMENT.
§ 12. The heads and boards of the retirement systems described herein
are hereby authorized to promulgate rules and regulations to implement
the provisions of this act, including guidance on what shall constitute
A. 10523 17
a positive diagnosis of COVID-19 from a health care professional in the
absence of a laboratory test.
§ 13. Notwithstanding any other provision of law to the contrary, none
of the provisions of this act shall be subject to section 25 of the
retirement and social security law.
§ 14. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 1, 2020; provided
that the provisions of this act shall expire and be deemed repealed upon
the later of December 31, 2020 or the expiration of the declared state
of emergency relating to the novel coronavirus (COVID-19); and provided,
further, that the superintendent of financial services shall notify the
legislative bill drafting commission upon occurrence of the expiration
of the state disaster emergency declared by executive order number 202
and any further amendments or modifications, and as may be further
extended pursuant to section 28 of the executive law, in order that the
commission may maintain an accurate and timely effective data base of
the official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow any member of a public retirement system who
a. physically reported for work on or after March 1, 2020, and
b. contracted COVID-19 on or after March 1, 2020 and died from such
disease
to be deemed to have died as the result of an accident incurred in the
performance and discharge of duty, unless the contrary be proven by
competent evidence. This presumption would remain until the later of
December 31, 2020 and the date of expiration of the present state of
emergency.
The accidental death benefit would be based on the member's plan
coverage. This bill also would create benefits payable under the Public
Authorities Law.
Insofar as this bill will affect the New York State and Local Employ-
ees' Retirement System (ERS) and the New York State and Local Police and
Fire Retirement System (PFRS), qualifying COVID-19 deaths which current-
ly are considered ordinary deaths will be treated as accidental deaths.
The cost of the proposed benefit will depend upon the applicant's age,
service, salary, plan, and benefit type otherwise payable.
Service Retirement Eligible: Yes No
PFRS benefit increase/cost: 8 times salary 13 times salary
ERS benefit increase/cost: 3.5 times salary 3.5 times salary
The number of members who could be affected by this legislation cannot
be readily determined. However, all of ERS and PFRS members will be
covered and eligible for these benefits, including new hires through the
expiration of the coverage provided under this legislation. All costs
incurred in the PFRS will be shared by the State of New York and all the
participating employers in the PFRS. All costs incurred in the ERS will
be shared by the State of New York and all the participating employers
in the ERS.
In addition to these per person costs, there would be annual increases
in administrative and legal costs to implement the provisions of this
legislation.
Summary of relevant resources:
A. 10523 18
The membership data used in measuring the impact of the proposed
change was the same as that used in the March 31, 2019 actuarial valu-
ation. Distributions and other statistics can be found in the 2019
Report of the Actuary and the 2019 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017, 2018, and 2019 Annual Report to the Comptroller on Actuarial
Assumptions, and the Codes, Rules and Regulations of the State of New
York: Audit and Control.
The Market Assets and GASB Disclosures are found in the March 31, 2019
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated May 24, 2020, and intended for use only during
the 2020 Legislative Session, is Fiscal Note No. 2020-118, prepared by
the Actuary for the New York State and Local Retirement System.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend sections of the Education Law and the Retirement
and Social Security Law to provide an enhanced death benefit to the
beneficiary of an eligible member of the New York State Teachers'
Retirement System (NYSTRS) who died due to contracting COVID-19. A
member must have reported to work on or after March 1, 2020, and
contracted COVID-19 within 45 days of reporting to work, and then either
died due to COVID-19, or had COVID-19 as a contributing factor in the
member's death. The member shall be deemed to have died in the perform-
ance of duty, and their beneficiary will be eligible to receive the
accidental death benefit, consisting of a lifetime annuity of 50% of the
member's most recent year's salary. If any ordinary death benefit has
already been paid it will be used as an offset against the accidental
death benefit. If a member retired on or after March 1, 2020 but before
the date this bill becomes a law, reported to work at the direction of
such member's employer, contracted COVID-19 within 45 days of reporting
to work, and then either died due to COVID-19, or had COVID-19 as a
contributing factor in the retiree's death, the beneficiary may elect to
convert the retirement benefit into an accidental death benefit. Any
other death benefit paid will be used as an offset against the acci-
dental death benefit.
This act shall be deemed effective as of March 1, 2020, but shall
expire and be deemed repealed upon the later of December 31, 2020 and
the date the state of emergency related to COVID-19 shall be declared
expired.
Under current law the beneficiary of an active member who dies in
service with three or more years of service is generally eligible for a
benefit equal to three times the member's most recent year's salary.
The overall cost of this bill cannot be readily determined as the
ultimate number of COVID-19 deaths cannot be determined at this time. It
is estimated that it will provide on average an additional 3 to 4 times
salary. The average cost per individual member impacted, however, in
terms of additional present value of liability, is estimated as follows:
Member age 30: $210,000
Member age 40: $300,000
A. 10523 19
Member age 50: $310,000
Eligible retirees: Anticipated overall negligible cost, given that
NYSTRS expects to receive no more than a handful of cases.
The actual cost per member would be dependent on the member and bene-
ficiary's age, tier, years of service, and salary. The costs above are
determined based on averages, so the actual cost for a member could be
higher or lower. The cost for an eligible retiree could vary greatly
depending upon the option chosen at retirement.
Member data is from the System's most recent actuarial valuation
files, consisting of data provided by the employers to the Retirement
System. Data distributions and statistics can be found in the System's
Comprehensive Annual Financial Report (CAFR). System assets are as
reported in the System's financial statements and can also be found in
the CAFR. Actuarial assumptions and methods are provided in the System's
Actuarial Valuation Report.
The source of this estimate is Fiscal Note 2020-28 dated May 25, 2020
prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2020 Legislative Session.
I, Richard A. Young, am the Actuary for the New York State Teachers'
Retirement System. I am a member of the American Academy of Actuaries
and I meet the Qualification Standards of the American Academy of Actu-
aries to render the actuarial opinion contained herein.
FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
SUMMARY OF BILL: This proposed legislation (see Appendix), as it
relates to the New York City Pension Funds and Retirement Systems
(NYCRS)I-,would add new Sections to the Retirement and Social Security
Law (RSSL), the Administrative Code of the City of New York (ACCNY), and
the Education Law to provide a statutory presumption to members of the
NYCRS who physically reported to non-home work sites as of March 1, 2020
and die due to Coronavirus Disease 2019 (COVID-19) that was demonstrata-
ble contracted within 45 days of such reporting to work.
Deceased members, including those who retired between March 1, 2020
and the effective date of this bill, who meet the enumerated qualifica-
tions would be provided with a rebuttable statutory presumption that
their condition was caused by an accidental event incurred in the
performance of duty and not the result of willful negligence. An eligi-
ble beneficiary would be entitled to the applicable Accidental Death
Benefit, less any other benefits paid or payable.
In determining whether Accidental Death Benefits should be awarded, a
death certificate with such cause coupled with a positive test for
COVID-19 or a diagnosis of such condition from a qualified medical
provider, within the designated period, would be presumptive evidence,
absent competent evidence to the contrary, that such death was result of
the performance and discharge of duty. The statutory presumption would
relieve eligible beneficiaries of demonstrating that deceased NYCRS
members were accidentally exposed to COVID-19, or to individuals who may
have been positive for such condition, while performing official duties.
Effective Date: Upon enactment, and retroactive to March 1, 2020,
except that the provisions would expire upon the later of December 31,
2020 and the date of the expiration of the state disaster emergency
declared by the Governor in executive order number 202.
IMPACT ON BENEFITS PAYABLE: Under the proposed legislation, the bene-
fits payable to beneficiaries of active members of NYCRS who die due to
COVID-19 would be revised from a lump sum Ordinary Death Benefit gener-
ally equal to three times a member's last salary to a lifetime Acci-
A. 10523 20
dental Death Benefit equal to 50% of FAS plus, if applicable, the
Special Accidental Death Benefit payable under General Municipal Law
section 208-f. Accidental Death Benefits, less any other benefits paid
or payable, are also payable to beneficiaries of those who retired
between March 1, 2020 and the effective date of this bill and died due
to COVID-19. Costs for these retirees, due to the limited scope and
unknown optional payments, are not included in this Fiscal Note.
FINANCIAL IMPACT - OVERVIEW: There is no data available to estimate
the number of members who might die due to COVID-19 and potentially
benefit from this proposed legislation. Therefore, the estimated finan-
cial impact has been calculated on a per event basis equal to the
increase in the Present Value of Future Benefits (PVFB) for an average
member who dies from COVID-19 and would benefit from the proposed legis-
lation.
With respect to an individual member, the additional cost of this
proposed legislation could vary greatly depending on the member's length
of service, age, and salary history.
FINANCIAL IMPACT - PRESENT VALUES: Based on the census data and the
actuarial assumptions and methods described herein, the enactment of
this proposed legislation would result in an increase in PVFB. A break-
down of the PVFB by System on average for each occurrence of death is
shown in the table below.
Estimated Additional Present Value of Future Benefits
due to COVID-19 Death
NYCERS TRS BERS POLICE FIRE All Systems
Age <40 $543,300 $326,200 $256,000 $1,926,300 $1,816,100 $731,600
40<=Age 398,700 297,500 172,100 2,226,300 2,302,700 534,000
<60
Age >= 60 210,200 188,800 105,900 1,695,600 1,633,600 204,400
All Ages $406,700 $296,700 $171,800 $2,042,700 $2,055,400 $557,200
FINANCIAL IMPACT - ANNUAL EMPLOYER CONTRIBUTIONS: Enactment of this
proposed legislation would increase employer contributions, where such
amount would depend on the number of members affected as well as other
characteristics including the age, years of service, and salary history
of the member.
As there is no data currently available to estimate the number of
members who might die from COVID-19, the financial impact would be
recognized at the time of event. Consequently, changes in employer
contributions have been estimated assuming that the increase in the PVFB
will be financed over the same time period used for actuarial losses in
accordance with Section 13-638.2(k-2) of the Administrative Code of the
City of New York. Using this approach, the additional PVFB would be
amortized over a closed 15-year period (14 payments under the One-Year
Lag Methodology) using level dollar payments.
Based on the Actuary's actuarial assumptions and methods in effect as
of June 30, 2019, the enactment of this proposed legislation is esti-
mated to increase annual employer contributions on average for each
death benefit due to COVID-19 as shown in the table below.
Estimated Additional Annual Employer Contributions
due to COVID-19 Death
A. 10523 21
NYCERS TRS BERS POLICE FIRE All Systems
Age <40 $64,300 $38,600 $30,300 $227,800 $214,800 $86,500
40<=Age 47,200 35,200 20,400 263,300 272,400 63,200
<60
Age >= 60 24,900 22,300 12,500 200,600 193,200 24,200
All Ages $48,100 $35,100 $20,300 $241,600 $243,100 $65,900
With respect to the timing, increases in employer contributions would
depend upon when members die due to COVID-19 but, generally, increased
employer contributions will first occur the second fiscal year following
approval of the performance of duty death benefit.
CENSUS DATA: The estimates presented herein are based on the census
data used in the Preliminary June 30, 2019 (Lag) actuarial valuation of
NYCRS to determine the Preliminary Fiscal Year 2021 employer contrib-
utions.
Counts NYCERS TRS BERS POLICE FIRE All Systems
Age < 40 52,782 48,861 4,810 21,945 5,369 133,767
40 <= Age < 60 106,335 60,632 14,809 14,267 5,623 201,666
Age >= 60 32,384 13,843 6,206 189 252 52,874
All Ages 191,501 123,336 25,825 36,401 11,244 388,307
Average Age NYCERS TRS BERS POLICE FIRE All Systems
Age < 40 33.0 32.5 33.3 32.1 32.7 32.7
40 <= Age < 60 50.1 48.7 50.7 46.1 47.0 49.3
Age >= 60 64.1 64.3 64.5 61.9 61.9 64.2
All Ages 47.7 44.1 50.8 37.7 40.5 45.6
Average Service NYCERS TRS BERS POLICE FIRE All Systems
Age < 40 4.7 5.8 3.5 7.0 6.6 5.5
40 <= Age < 60 13.6 14.9 9.1 18.7 19.7 14.2
Age >= 60 19.7 19.8 14.0 31.7 34.9 19.2
All Ages 12.2 11.8 9.2 11.7 13.8 11.9
Average Salary NYCERS TRS BERS POLICE FIRE All Systems
Age <40 $68,800 $78,800 $58,700 $101,800 $93,600 $78,500
40 <= Age < 60 81,800 95,900 52,700 138,800 141,300 89,600
Age >= 60 81,900 89,700 46,700 163,300 158,200 80,500
All Ages $78,200 $88,400 $52,400 $116,600 $118,900 $84,500
ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the PVFB and annual
employer contributions presented herein have been calculated based on
the actuarial assumptions and methods in effect for the June 30, 2019
(Lag) actuarial valuations used to determine the Preliminary Fiscal Year
2021 employer contributions of the NYCRS.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the realization of the actuarial assumptions used, as well as
certain demographic characteristics of NYCRS and other exogenous factors
such as investment, contribution, and other risks. If actual experience
deviates from actuarial assumptions, the actual costs could differ from
those presented herein. Costs are also dependent on the actuarial meth-
A. 10523 22
ods used, and therefore different actuarial methods could produce
different results. Quantifying these risks is beyond the scope of this
Fiscal Note.
Not measured in this Fiscal Note are the following:
* The initial, additional administrative costs to implement the
proposed legislation.
* The impact of this proposed legislation on Other Postemployment
Benefit (OPEB) costs.
STATEMENT OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief Actu-
ary for, and independent of, the New York City Retirement Systems and
Pension Funds. I am a Fellow of the Society of Actuaries, an Enrolled
Actuary under the Employee Retirement Income and Security Act of 1974, a
Member of the American Academy of Actuaries, and a Fellow of the Confer-
ence of Consulting Actuaries. I meet the Qualification Standards of the
American Academy of Actuaries to render the actuarial opinion contained
herein. To the best of my knowledge, the results contained herein have
been prepared in accordance with generally accepted actuarial principles
and procedures and with the Actuarial Standards of Practice issued by
the Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2020-41 dated May 24,
2020 was prepared by the Chief Actuary for the five New York City
Retirement Systems and Pension Funds. This estimate is intended for use
only during the 2020 Legislative Session.
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