Bill Text: NY A10239 | 2019-2020 | General Assembly | Introduced

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Bill Title: Establishes a coronavirus disease 2019 (COVID-19) presumption for accidental disability retirement and accidental death benefits.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2020-04-08 - referred to governmental employees [A10239 Detail]

Download: New_York-2019-A10239-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10239

                   IN ASSEMBLY

                                      April 8, 2020
                                       ___________

        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees

        AN  ACT  to amend the retirement and social security law, in relation to
          establishing a coronavirus disease  2019  (COVID-19)  presumption  for
          accidental disability retirement and accidental death benefits

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The retirement and social security law is amended by adding
     2  a new section 63-g to read as follows:
     3    § 63-g. Impairments of health due to COVID-19; presumption; accidental
     4  disability retirement. Notwithstanding  any  other  provisions  of  this
     5  chapter  or  of  any  general, special or local law to the contrary, any
     6  condition of impairment of health caused by, or naturally and proximate-
     7  ly related to, COVID-19, resulting in partial  or  total  disability  or
     8  death  to any member, where such member is exposed or comes into contact
     9  with COVID-19 and tests positive  for  COVID-19,  shall  be  presumptive
    10  evidence  that such disability or death:  (1) was the natural and proxi-
    11  mate result of an accident not  caused  by  such  member's  own  willful
    12  negligence;  and  (2)  was  incurred in the performance and discharge of
    13  duty and unless the contrary be proved by competent evidence. Any member
    14  that becomes partially or  totally  disabled  in  accordance  with  this
    15  section shall be eligible for an accidental disability retirement allow-
    16  ance  equal  to three-quarters of his or her final average salary.  Such
    17  accidental disability retirement allowance shall not be reduced  by  the
    18  amount  of  any  benefits  payable pursuant to the workers' compensation
    19  law.
    20    § 2. The retirement and social security law is amended by adding a new
    21  section 363-ddd to read as follows:
    22    § 363-ddd. Impairments of health due to COVID-19;  presumption;  acci-
    23  dental  disability  retirement.  Notwithstanding any other provisions of
    24  this chapter or of any general, special or local law  to  the  contrary,
    25  any condition of impairment of health caused by, or naturally and proxi-
    26  mately related to, COVID-19, resulting in partial or total disability or
    27  death  to any member, where such member is exposed or comes into contact

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16140-02-0
        A. 10239                            2

     1  with COVID-19 and tests positive  for  COVID-19,  shall  be  presumptive
     2  evidence  that such disability or death:  (1) was the natural and proxi-
     3  mate result of an accident not  caused  by  such  member's  own  willful
     4  negligence;  and  (2)  was  incurred in the performance and discharge of
     5  duty and unless the contrary be proved by competent evidence. Any member
     6  that becomes partially or  totally  disabled  in  accordance  with  this
     7  section shall be eligible for an accidental disability retirement allow-
     8  ance  equal  to three-quarters of his or her final average salary.  Such
     9  accidental disability retirement allowance shall not be reduced  by  the
    10  amount  of  any  benefits  payable pursuant to the workers' compensation
    11  law.
    12    § 3. The retirement and social security law is amended by adding a new
    13  section 507-j to read as follows:
    14    § 507-j. Impairments of health due  to  COVID-19;  presumption;  acci-
    15  dental  disability  retirement.  Notwithstanding any other provisions of
    16  this chapter or of any general, special or local law  to  the  contrary,
    17  any condition of impairment of health caused by, or naturally and proxi-
    18  mately related to, COVID-19, resulting in partial or total disability or
    19  death  to any member, where such member is exposed or comes into contact
    20  with COVID-19 and tests positive  for  COVID-19,  shall  be  presumptive
    21  evidence  that such disability or death:  (1) was the natural and proxi-
    22  mate result of an accident not  caused  by  such  member's  own  willful
    23  negligence;  and  (2)  was  incurred in the performance and discharge of
    24  duty and unless the contrary be proved by competent evidence. Any member
    25  that becomes partially or  totally  disabled  in  accordance  with  this
    26  section shall be eligible for an accidental disability retirement allow-
    27  ance  equal  to three-quarters of his or her final average salary.  Such
    28  accidental disability retirement allowance shall not be reduced  by  the
    29  amount  of  any  benefits  payable pursuant to the workers' compensation
    30  law.
    31    § 4. The retirement and social security law is amended by adding a new
    32  section 605-f to read as follows:
    33    § 605-f. Impairments of health due  to  COVID-19;  presumption;  acci-
    34  dental  disability  retirement.  Notwithstanding any other provisions of
    35  this chapter or of any general, special or local law  to  the  contrary,
    36  any condition of impairment of health caused by, or naturally and proxi-
    37  mately related to, COVID-19, resulting in partial or total disability or
    38  death  to any member, where such member is exposed or comes into contact
    39  with COVID-19 and tests positive  for  COVID-19,  shall  be  presumptive
    40  evidence  that such disability or death:  (1) was the natural and proxi-
    41  mate result of an accident not  caused  by  such  member's  own  willful
    42  negligence;  and  (2)  was  incurred in the performance and discharge of
    43  duty and unless the contrary be proved by competent evidence. Any member
    44  that becomes partially or  totally  disabled  in  accordance  with  this
    45  section shall be eligible for an accidental disability retirement allow-
    46  ance  equal  to three-quarters of his or her final average salary.  Such
    47  accidental disability retirement allowance shall not be reduced  by  the
    48  amount  of  any  benefits  payable pursuant to the workers' compensation
    49  law.
    50    § 5. Notwithstanding any other provision of law to the contrary,  none
    51  of  the  provisions  of  this  act shall be subject to section 25 of the
    52  retirement and social security law.
    53    § 6. This act shall take effect immediately.