[ ] is old law to be omitted.
LBD12055-04-0
S. 8427 2
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
PARAGRAPH TWO OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO
RECEIVE AN ORDINARY DEATH BENEFIT.
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, AND SOLELY FOR THE PURPOSE OF
DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER:
(I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY;
(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 PHYSICIAN, NURSE PRACTITIONER, OR
PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE
DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S
ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING
THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(IV) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS
DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
SUBPARAGRAPH (III) OF THIS PARAGRAPH WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION
OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI-
DENTAL DEATH BENEFIT.
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 SUCH
MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICHEVER
IS LATER, 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.
S. 8427 3
D. IN ORDER TO BE ELIGIBLE FOR THE BENEFIT 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 EMPLOY-
MENT.
§ 2. The retirement and social security law is amended by adding a new
section 361-b to read as follows:
§ 361-B. COVID-19 BENEFIT. A. NOTWITHSTANDING ANY OTHER PROVISION OF
THIS ARTICLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY,
AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER
THIS SECTION, 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 WITHIN FORTY-FIVE DAYS AFTER
REPORTING TO WORK AS DESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVISION AS
CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER
SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN
GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN,
NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN
NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER-
GENCY; AND
3. SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS
DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
PARAGRAPH TWO OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO
RECEIVE AN ORDINARY DEATH BENEFIT.
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, AND SOLELY FOR THE PURPOSE OF
DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER:
(I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY;
(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 PHYSICIAN, NURSE PRACTITIONER, OR
PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE
DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S
ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING
THE DECLARED COVID-19 STATE OF EMERGENCY; AND
S. 8427 4
(IV) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS
DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
SUBPARAGRAPH (III) OF THIS PARAGRAPH WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION
OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI-
DENTAL DEATH BENEFIT.
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 SUCH
MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICHEVER
IS LATER, 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 BENEFIT 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 EMPLOY-
MENT.
§ 3. The retirement and social security law is amended by adding a new
section 509-a to read as follows:
§ 509-A. COVID-19 BENEFIT. A. NOTWITHSTANDING ANY OTHER PROVISION OF
THIS ARTICLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY,
AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER
THIS SECTION, 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 WITHIN FORTY-FIVE DAYS AFTER
REPORTING TO WORK AS DESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVISION AS
CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER
SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN
GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN,
NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN
NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER-
GENCY; AND
S. 8427 5
3. SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS
DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
PARAGRAPH TWO OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO
RECEIVE AN ORDINARY DEATH BENEFIT.
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, AND SOLELY FOR THE PURPOSE OF
DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER:
(I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY;
(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 PHYSICIAN, NURSE PRACTITIONER, OR
PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE
DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S
ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING
THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(IV) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS
DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
SUBPARAGRAPH (III) OF THIS PARAGRAPH WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION
OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI-
DENTAL DEATH BENEFIT.
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 SUCH
MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICHEVER
IS LATER, 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
S. 8427 6
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 BENEFIT 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 EMPLOY-
MENT.
§ 4. The retirement and social security law is amended by adding a new
section 607-i to read as follows:
§ 607-I. COVID-19 BENEFIT. A. NOTWITHSTANDING ANY OTHER PROVISION OF
THIS ARTICLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY,
AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER
THIS SECTION, 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 WITHIN FORTY-FIVE DAYS AFTER
REPORTING TO WORK AS DESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVISION AS
CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER
SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN
GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN,
NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN
NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER-
GENCY; AND
3. SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS
DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
PARAGRAPH TWO OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO
RECEIVE AN ORDINARY DEATH BENEFIT.
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, AND SOLELY FOR THE PURPOSE OF
DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER:
(I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY;
(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 PHYSICIAN, NURSE PRACTITIONER, OR
PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE
S. 8427 7
DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S
ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING
THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(IV) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS
DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
SUBPARAGRAPH (III) OF THIS PARAGRAPH WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION
OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI-
DENTAL DEATH BENEFIT.
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 SUCH
MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICHEVER
IS LATER, 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 BENEFIT 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 EMPLOY-
MENT.
§ 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, AND SOLELY FOR THE
PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION,
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 WITHIN FORTY-FIVE DAYS AFTER
REPORTING TO WORK AS DESCRIBED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH AS
CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER
SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN
GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN,
NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN
S. 8427 8
NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER-
GENCY; AND
(C) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS
DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
SUBPARAGRAPH (B) OF THIS PARAGRAPH WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO
RECEIVE AN ORDINARY DEATH BENEFIT.
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, AND SOLELY FOR THE PURPOSE OF
DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER:
(I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY;
(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 PHYSICIAN, NURSE PRACTITIONER, OR
PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE
DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S
ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING
THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(IV) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS
DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
CLAUSE (III) OF THIS SUBPARAGRAPH WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION
OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI-
DENTAL DEATH BENEFIT.
(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 SUCH MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY,
WHICHEVER IS LATER, 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
S. 8427 9
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 BENEFIT DESCRIBED IN THIS SUBDIVI-
SION, 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.
§ 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, AND SOLELY FOR THE
PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION,
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 WITHIN FORTY-FIVE DAYS AFTER
REPORTING TO WORK AS DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH AS
CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER
SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN
GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN,
NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN
NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER-
GENCY; AND
(III) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOU-
SAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH,
AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
SUBPARAGRAPH (II) OF THIS PARAGRAPH WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO
RECEIVE AN ORDINARY DEATH BENEFIT.
(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, AND SOLELY FOR THE PURPOSE OF
DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER:
(1) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY;
(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,
S. 8427 10
CERTIFIED, REGISTERED OR AUTHORIZED PHYSICIAN, NURSE PRACTITIONER, OR
PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE
DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S
ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING
THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(4) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS
DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
CLAUSE THREE OF THIS SUBPARAGRAPH WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION
OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI-
DENTAL DEATH BENEFIT.
(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 SUCH MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY,
WHICHEVER IS LATER, 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 BENEFIT DESCRIBED IN THIS SUBDIVI-
SION, 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.
§ 7. Section 1266-h of the public authorities law is amended by adding
a new subdivision 8 to read as follows:
8. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR OF ANY
GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AND SOLELY FOR THE
PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION,
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 WITHIN FORTY-FIVE DAYS AFTER
REPORTING TO WORK PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, AS
CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER
SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN
S. 8427 11
GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN,
NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN
NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER-
GENCY; AND
(III) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOU-
SAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH,
AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
SUBPARAGRAPH (II) OF THIS PARAGRAPH WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO
RECEIVE AN ORDINARY DEATH BENEFIT.
(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, AND SOLELY FOR THE PURPOSE OF
DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER:
(1) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY;
(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 PHYSICIAN, NURSE PRACTITIONER, OR
PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE
DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S
ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING
THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(4) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS
DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
SUBPARAGRAPH THREE OF THIS PARAGRAPH WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION
OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI-
DENTAL DEATH BENEFIT.
(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 SUCH MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY,
WHICHEVER IS LATER, 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,
S. 8427 12
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 BENEFIT DESCRIBED IN THIS SUBDIVI-
SION, 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.
§ 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 BENEFIT. 1. NOTWITHSTANDING ANY OTHER PROVISION
OF THIS TITLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY,
AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER
THIS SECTION, 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 WITHIN FORTY-FIVE DAYS AFTER
REPORTING TO WORK AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, AS
CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER
SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN
GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN,
NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN
NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER-
GENCY; AND
(C) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS
DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
PARAGRAPH (B) OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO
RECEIVE AN ORDINARY DEATH BENEFIT.
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, AND SOLELY FOR THE PURPOSE OF
DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER:
(A) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY;
(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;
S. 8427 13
(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 PHYSICIAN, NURSE PRACTITIONER, OR
PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE
DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S
ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING
THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(D) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS
DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
PARAGRAPH (C) OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION
OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI-
DENTAL DEATH BENEFIT.
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
SUCH MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICH-
EVER IS LATER, 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.
5. IN ORDER TO BE ELIGIBLE FOR THE BENEFIT 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 EMPLOY-
MENT.
§ 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 BENEFIT. 1. NOTWITHSTANDING ANY OTHER PROVISION
OF THIS TITLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY,
AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER
THIS SECTION, 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 WITHIN FORTY-FIVE DAYS AFTER
REPORTING TO WORK AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, AS
S. 8427 14
CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER
SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN
GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN,
NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN
NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER-
GENCY; AND
(C) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS
DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
PARAGRAPH (B) OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO
RECEIVE AN ORDINARY DEATH BENEFIT.
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, AND SOLELY FOR THE PURPOSE OF
DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER:
(A) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY;
(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 PHYSICIAN, NURSE PRACTITIONER, OR
PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE
DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S
ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING
THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(D) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS
DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
PARAGRAPH (C) OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION
OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI-
DENTAL DEATH BENEFIT.
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
SUCH MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICH-
EVER IS LATER, 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
S. 8427 15
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.
5. IN ORDER TO BE ELIGIBLE FOR THE BENEFIT 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 EMPLOY-
MENT.
§ 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 BENEFIT. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
THIS TITLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AND
SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER
THIS SECTION, 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 WITHIN FORTY-FIVE DAYS AFTER
REPORTING TO WORK AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, AS
CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER
SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN
GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN,
NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN
NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER-
GENCY; AND
(C) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS
DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
PARAGRAPH (B) OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO
RECEIVE AN ORDINARY DEATH BENEFIT.
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, AND SOLELY FOR THE PURPOSE OF
DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER:
(A) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY;
(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
S. 8427 16
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 PHYSICIAN, NURSE PRACTITIONER, OR
PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE
DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S
ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING
THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(D) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS
DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
PARAGRAPH (C) OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION
OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI-
DENTAL DEATH BENEFIT.
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
SUCH MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICH-
EVER IS LATER, 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.
5. IN ORDER TO BE ELIGIBLE FOR THE BENEFIT 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 EMPLOY-
MENT.
§ 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 BENEFIT. 1. NOTWITHSTANDING ANY OTHER PROVISION
OF THIS TITLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY,
AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER
THIS SECTION, 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;
S. 8427 17
(B) SUCH MEMBER CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER
REPORTING TO WORK AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, AS
CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER
SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN
GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN,
NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN
NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER-
GENCY; AND
(C) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS
DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
PARAGRAPH (B) OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO
RECEIVE AN ORDINARY DEATH BENEFIT.
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, AND SOLELY FOR THE PURPOSE OF
DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER:
(A) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY;
(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 PHYSICIAN, NURSE PRACTITIONER, OR
PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE
DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S
ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING
THE DECLARED COVID-19 STATE OF EMERGENCY; AND
(D) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS
DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A
PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN
PARAGRAPH (C) OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE
DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE
MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN
ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION
OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI-
DENTAL DEATH BENEFIT.
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
SUCH MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICH-
EVER IS LATER, 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
S. 8427 18
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.
5. IN ORDER TO BE ELIGIBLE FOR THE BENEFIT 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 EMPLOY-
MENT.
§ 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 positive diagnosis of COVID-19 from a physician, nurse practitioner,
or physician's assistant 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 on
December 31, 2020.
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 died
on or before December 31, 2020 either due to COVID-19, or had COVID-19
as a contributing factor in the member's death. The member's statutory
beneficiary can elect to receive either the accidental death benefit,
consisting of a lifetime annuity of 50% of the member's most recent
year's salary, or the ordinary death benefit, generally consisting of a
lump sum equal to three times the member'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 July 1, 2020, reported to work at the direction of such
member's employer, contracted COVID-19 within 45 days of reporting to
work, and then died on or before December 31, 2020 either due to COVID-
19, or had COVID-19 as a contributing factor in the member's death, the
member's statutory beneficiary may, within 90 days of such member's
retirement, or September 1, 2020, whichever is later, elect to convert
the retirement benefit into an accidental death benefit. Any other
benefit paid will be used as an offset against the accidental death
benefit.
S. 8427 19
This act shall be deemed to have been in full force and effect as of
March 1, 2020, but shall expire and be deemed repealed as of December
31, 2020.
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.
Currently, the beneficiary of a retiree who dies within the first year
of retirement is generally eligible for a benefit equal to one and one-
half times the retiree's last year of salary, and possibly, depending
upon the retiree's benefit option elected at retirement, a continuation
of all or a portion of the retiree's monthly benefit.
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
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, and for retirees the
optional form of payment elected at retirement. 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 2020-30 dated May 28, 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:
This bill would allow a beneficiary of any member of a public retire-
ment system to be paid an accidental death benefit, as if the member
died in the performance and discharge of duty, provided that the member
a. physically reported for work on or after March 1, 2020, and
b. contracted COVID-19 within 45 days from such a work date, and
c. died from such disease on or before December 31, 2020.
A positive test result, death certificate citing COVID-19, or certif-
ication by certain medical personnel is sufficient to establish
contraction and death from COVID-19.
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
S. 8427 20
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:
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 28, 2020, and intended for use only during
the 2020 Legislative Session, is Fiscal Note No. 2020-121, prepared by
the Actuary for the New York State and Local Retirement System.
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), 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 Accidental Death Benefits, less other stat-
utory benefits paid or payable, to beneficiaries of certain members and
retirees of NYCRS who physically reported to non-home work sites on and
after March 1, 2020 and died on or before December 31, 2020 due to Coro-
navirus Disease 2019 (COVID-19) that was contracted within 45 days of
such reporting to work.
Beneficiaries of deceased members, including beneficiaries of those
who retired between March 1, 2020 and July 1, 2020, who meet the enumer-
ated qualifications would be eligible for an Accidental Death Benefit,
less any other statutory benefits paid or payable.
S. 8427 21
In determining whether Accidental Death Benefits should be awarded, a
deceased member or retiree must have a positive lab test for COVID-19
within 45 days of reporting to such work assignment, or have been diag-
nosed with such condition, within the same period, from a qualified
medical provider, either before or after the member's or retiree's
death. The beneficiary of such deceased member or retiree would also
have to show that that COVID-19 was the cause or contributing factor in
the member's or retiree's death, as documented by a death certificate or
by a qualified health care provider.
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-
dental Death Benefit equal to 50% of Final Average Salary 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 July 1, 2020 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 NYCRS 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
Age < 40 $ 543,300 $ 326,200 $ 256,000
40 <= Age < 60 398,700 297,500 172,100
Age >= 60 210,200 188,800 105,900
All Ages $ 406,700 $ 296,700 $ 174,800
POLICE FIRE All Systems
Age < 40 $ 1,926,300 $ 1,816,100 $ 731,600
40 <= Age < 60 2,226,300 2,302,700 534,000
Age >= 60 1,695,600 1,633,600 204,400
All Ages $ 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
S. 8427 22
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 ACCNY. 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
NYCERS TRS BERS
Age < 40 $ 64,300 $ 38,600 $ 30,300
40 <= Age < 60 47,200 35,200 20,400
Age >= 60 24,900 22,300 12,500
All Ages $ 48,100 $ 35,100 $ 20,300
POLICE FIRE All Systems
Age < 40 $ 227,800 $ 214,800 $ 86,500
40 <= Age < 60 263,300 272,400 63,200
Age >= 60 200,600 193,200 24,200
All Ages $ 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
Age < 40 52,782 48,861 4,810
40 <= Age < 60 106,335 60,632 14,809
Age >= 60 32,384 13,843 6,206
All Ages 191,501 123,336 25,825
Counts POLICE FIRE All Systems
Age < 40 21,945 5,369 133,767
40 <= Age < 60 14,267 5,623 201,666
Age >= 60 189 252 52,874
All Ages 36,401 11,244 388,307
Average Age NYCERS TRS BERS
Age < 40 33.0 32.5 33.3
40 <= Age < 60 50.1 48.7 50.7
Age >= 60 64.1 64.3 64.5
All Ages 47.7 44.1 50.8
Average Age POLICE FIRE All Systems
Age < 40 32.1 32.7 32.7
40 <= Age < 60 46.1 47.0 49.3
Age >= 60 61.9 61.9 64.2
S. 8427 23
All Ages 37.7 40.5 45.6
Average Service NYCERS TRS BERS
Age < 40 4.7 5.8 3.5
40 <= Age < 60 13.6 14.9 9.1
Age >= 60 19.7 19.8 14.0
All Ages 12.2 11.8 9.2
Average Service POLICE FIRE All Systems
Age < 40 7.0 6.6 5.5
40 <= Age < 60 18.7 19.7 14.2
Age >= 60 31.7 34.9 19.2
All Ages 11.7 13.8 11.9
Average Salary NYCERS TRS BERS
Age < 40 $ 68,800 $ 78,800 $ 58,700
40 <= Age < 60 81,800 95,900 52,700
Age >= 60 81,900 89,700 46,700
All Ages $ 78,200 $ 88,400 $ 52,400
Average Salary POLICE FIRE All Systems
Age < 40 $ 101,800 $ 93,600 $ 78,500
40 <= Age < 60 138,800 141,300 89,600
Age >= 60 163,300 158,200 80,500
All Ages $ 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 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-
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 2020-45 dated May 28,
2020 was prepared by the Chief Actuary for the five New York City
S. 8427 24
Retirement Systems and Pension Funds. This estimate is intended for use
only during the 2020 Legislative Session.
