* § 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
emergency; and

3. Such member died on or before December thirty-first, two thousand
twenty-four, 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
accidental 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
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.

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
employment.

* NB Repealed December 31, 2024