Bill Text: NY A10528 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes a coronavirus disease 2019 (COVID-19) public employee death benefit for individuals who reported to their usual place of employment or an alternate worksite at the direction of their employer on or after March 1, 2020 and such individual contracted COVID-19 within 45 days of reporting to such workplace as confirmed by a laboratory test or by a licensed physician and such individual died on or before December 31, 2020.
Spectrum: Partisan Bill (Democrat 105-1)
Status: (Passed) 2020-05-30 - SIGNED CHAP.89 [A10528 Detail]
Download: New_York-2019-A10528-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10528 IN ASSEMBLY May 28, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abbate, Heastie, Peoples-Stokes, Weinstein, Abinanti, Arroyo, Aubry, Barnwell, Barrett, Barron, Benedetto, Bichotte, Blake, Braunstein, Bronson, Buchwald, Burke, Buttenschon, Cahill, Carroll, Colton, Cook, Crespo, Cruz, Cusick, Cymbrowitz, Darling, Davila, De La Rosa, DenDekker, Dickens, Dilan, Dinowitz, D'Urso, Eichenstein, Englebright, Epstein, Fahy, Fall, Fernandez, Frontus, Galef, Gantt, Glick, Gottfried, Grif- fin, Gunther, Hevesi, Hunter, Hyndman, Jacobson, Jaffee, Jean-Pierre, Jones, Joyner, Kim, Lavine, Lentol, Lifton, Lupardo, Magnarelli, McDo- nald, McMahon, M. G. Miller, Mosley, Niou, Nolan, O'Donnell, Ortiz, Otis, Paulin, Perry, Pheffer Amato, Pichardo, Pretlow, Quart, Ramos, Reyes, Richardson, Rivera, Rodriguez, D. Rosenthal, L. Rosenthal, Rozic, Ryan, Santabarbara, Sayegh, Schimminger, Seawright, Simon, Simotas, Solages, Steck, Stern, Stirpe, Taylor, Thiele, Vanel, Walker, Wallace, Weprin, Williams, Woerner, Wright, Zebrowski) -- (at request of the Governor) -- 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) benefit 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: 1 Section 1. The retirement and social security law is amended by adding 2 a new section 61-b to read as follows: 3 § 61-b. COVID-19 benefit. a. Notwithstanding any other provision of 4 this article or of any general, special or local law to the contrary, 5 and solely for the purpose of determining eligibility for benefits under 6 this section, where: 7 1. A member reported in person to such member's usual place of public 8 employment at the direction of such member's public employer or to any 9 alternate worksite as directed by such public employer, on or after EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12055-04-0A. 10528 2 1 March first, two thousand twenty, provided that such alternate worksite 2 was not such member's home or residence; 3 2. Such member contracted COVID-19 within forty-five days after 4 reporting to work as described in paragraph one of this subdivision as 5 confirmed by a positive laboratory test or as diagnosed before or after 6 such member's death by a licensed, certified, registered or authorized 7 physician, nurse practitioner, or physician's assistant currently in 8 good standing in any state or the District of Columbia, or a physician, 9 nurse practitioner, or physician's assistant authorized to practice in 10 New York by executive order during the declared COVID-19 state of emer- 11 gency; and 12 3. Such member died on or before December thirty-first, two thousand 13 twenty, and COVID-19 caused or contributed to such member's death, as 14 documented on such member's death certificate, or as certified by a 15 physician, nurse practitioner, or physician's assistant described in 16 paragraph two of this subdivision who determines with a reasonable 17 degree of medical certainty that COVID-19 caused or contributed to the 18 member's death, such member's statutory beneficiary shall receive an 19 accidental death benefit, unless such statutory beneficiary elects to 20 receive an ordinary death benefit. 21 b. Any amount payable as a result of this section shall be reduced by 22 any amount paid by such member's retirement system to any recipient of 23 ordinary death benefits under this article. 24 c. 1. Notwithstanding any provision of this article or of any general, 25 special or local law to the contrary, and solely for the purpose of 26 determining eligibility for benefits under this section, where a member: 27 (i) retired from his or her retirement system on or after March first, 28 two thousand twenty, and before July first, two thousand twenty; 29 (ii) on or after March first, two thousand twenty, reported in person 30 to such member's usual place of public employment at the direction of 31 such member's public employer or to any alternate worksite as directed 32 by such public employer, provided that such alternate worksite was not 33 such member's home or residence; 34 (iii) contracted COVID-19 within forty-five days after any such date 35 of reporting to work in person, as confirmed by a positive laboratory 36 test or as diagnosed before or after such member's death by a licensed, 37 certified, registered or authorized physician, nurse practitioner, or 38 physician's assistant currently in good standing in any state or the 39 District of Columbia, or a physician, nurse practitioner, or physician's 40 assistant authorized to practice in New York by executive order during 41 the declared COVID-19 state of emergency; and 42 (iv) such member died on or before December thirty-first, two thousand 43 twenty, and COVID-19 caused or contributed to such member's death, as 44 documented on such member's death certificate, or as certified by a 45 physician, nurse practitioner, or physician's assistant described in 46 subparagraph (iii) of this paragraph who determines with a reasonable 47 degree of medical certainty that COVID-19 caused or contributed to the 48 member's death, such member's statutory beneficiary shall receive an 49 accidental death benefit if such statutory beneficiary elects conversion 50 of the member's service or disability retirement benefit into an acci- 51 dental death benefit. 52 2. Such member's statutory beneficiary, as defined under this article, 53 for purposes of accidental death benefits payable from such member's 54 retirement system under this article, may, within ninety days of such 55 member's retirement or September first, two thousand twenty, whichever 56 is later, apply to such member's retirement system to request theA. 10528 3 1 conversion of such member's service or disability retirement benefit 2 into an accidental death benefit. For purposes of the salary base upon 3 which the accidental death benefit is calculated, such member shall be 4 deemed to have died on the date of such member's retirement. At the time 5 of such conversion, such statutory beneficiary shall relinquish all 6 rights to the prospective benefits payable under the service or disabil- 7 ity retirement statute, including any post-retirement death benefits, 8 since such member's death. If the statutory beneficiary is not the only 9 beneficiary receiving or entitled to receive a benefit under the service 10 or disability retirement statute, including, but not limited to, a post- 11 retirement death benefit or benefit paid or payable pursuant to the 12 member's option selection, the accidental death benefit payments to the 13 statutory beneficiary will be reduced by any amounts paid or payable to 14 any other statutory beneficiary. 15 d. In order to be eligible for the benefit described in this section, 16 the applicable retirement system or systems are authorized to promulgate 17 rules and regulations to administer this benefit including, but not 18 limited to, requiring a statement to be filed confirming the member 19 contracted COVID-19 and the dates and locations of the member's employ- 20 ment. 21 § 2. The retirement and social security law is amended by adding a new 22 section 361-b to read as follows: 23 § 361-b. COVID-19 benefit. a. Notwithstanding any other provision of 24 this article or of any general, special or local law to the contrary, 25 and solely for the purpose of determining eligibility for benefits under 26 this section, where: 27 1. A member reported in person to such member's usual place of public 28 employment at the direction of such member's public employer or to any 29 alternate worksite as directed by such public employer, on or after 30 March first, two thousand twenty, provided that such alternate worksite 31 was not such member's home or residence; 32 2. Such member contracted COVID-19 within forty-five days after 33 reporting to work as described in paragraph one of this subdivision as 34 confirmed by a positive laboratory test or as diagnosed before or after 35 such member's death by a licensed, certified, registered or authorized 36 physician, nurse practitioner, or physician's assistant currently in 37 good standing in any state or the District of Columbia, or a physician, 38 nurse practitioner, or physician's assistant authorized to practice in 39 New York by executive order during the declared COVID-19 state of emer- 40 gency; and 41 3. Such member died on or before December thirty-first, two thousand 42 twenty, and COVID-19 caused or contributed to such member's death, as 43 documented on such member's death certificate, or as certified by a 44 physician, nurse practitioner, or physician's assistant described in 45 paragraph two of this subdivision who determines with a reasonable 46 degree of medical certainty that COVID-19 caused or contributed to the 47 member's death, such member's statutory beneficiary shall receive an 48 accidental death benefit, unless such statutory beneficiary elects to 49 receive an ordinary death benefit. 50 b. Any amount payable as a result of this section shall be reduced by 51 any amount paid by such member's retirement system to any recipient of 52 ordinary death benefits under this article. 53 c. 1. Notwithstanding any provision of this article or of any general, 54 special or local law to the contrary, and solely for the purpose of 55 determining eligibility for benefits under this section, where a member:A. 10528 4 1 (i) retired from his or her retirement system on or after March first, 2 two thousand twenty, and before July first, two thousand twenty; 3 (ii) on or after March first, two thousand twenty, reported in person 4 to such member's usual place of public employment at the direction of 5 such member's public employer or to any alternate worksite as directed 6 by such public employer, provided that such alternate worksite was not 7 such member's home or residence; 8 (iii) contracted COVID-19 within forty-five days after any such date 9 of reporting to work in person, as confirmed by a positive laboratory 10 test or as diagnosed before or after such member's death by a licensed, 11 certified, registered or authorized physician, nurse practitioner, or 12 physician's assistant currently in good standing in any state or the 13 District of Columbia, or a physician, nurse practitioner, or physician's 14 assistant authorized to practice in New York by executive order during 15 the declared COVID-19 state of emergency; and 16 (iv) such member died on or before December thirty-first, two thousand 17 twenty, and COVID-19 caused or contributed to such member's death, as 18 documented on such member's death certificate, or as certified by a 19 physician, nurse practitioner, or physician's assistant described in 20 subparagraph (iii) of this paragraph who determines with a reasonable 21 degree of medical certainty that COVID-19 caused or contributed to the 22 member's death, such member's statutory beneficiary shall receive an 23 accidental death benefit if such statutory beneficiary elects conversion 24 of the member's service or disability retirement benefit into an acci- 25 dental death benefit. 26 2. Such member's statutory beneficiary, as defined under this article, 27 for purposes of accidental death benefits payable from such member's 28 retirement system under this article, may, within ninety days of such 29 member's retirement or September first, two thousand twenty, whichever 30 is later, apply to such member's retirement system to request the 31 conversion of such member's service or disability retirement benefit 32 into an accidental death benefit. For purposes of the salary base upon 33 which the accidental death benefit is calculated, such member shall be 34 deemed to have died on the date of such member's retirement. At the time 35 of such conversion, such statutory beneficiary shall relinquish all 36 rights to the prospective benefits payable under the service or disabil- 37 ity retirement statute, including any post-retirement death benefits, 38 since such member's death. If the statutory beneficiary is not the only 39 beneficiary receiving or entitled to receive a benefit under the service 40 or disability retirement statute, including, but not limited to, a post- 41 retirement death benefit or benefit paid or payable pursuant to the 42 member's option selection, the accidental death benefit payments to the 43 statutory beneficiary will be reduced by any amounts paid or payable to 44 any other statutory beneficiary. 45 d. In order to be eligible for the benefit described in this section, 46 the applicable retirement system or systems are authorized to promulgate 47 rules and regulations to administer this benefit including, but not 48 limited to, requiring a statement to be filed confirming the member 49 contracted COVID-19 and the dates and locations of the member's employ- 50 ment. 51 § 3. The retirement and social security law is amended by adding a new 52 section 509-a to read as follows: 53 § 509-a. COVID-19 benefit. a. Notwithstanding any other provision of 54 this article or of any general, special or local law to the contrary, 55 and solely for the purpose of determining eligibility for benefits under 56 this section, where:A. 10528 5 1 1. A member reported in person to such member's usual place of public 2 employment at the direction of such member's public employer or to any 3 alternate worksite as directed by such public employer, on or after 4 March first, two thousand twenty, provided that such alternate worksite 5 was not such member's home or residence; 6 2. Such member contracted COVID-19 within forty-five days after 7 reporting to work as described in paragraph one of this subdivision as 8 confirmed by a positive laboratory test or as diagnosed before or after 9 such member's death by a licensed, certified, registered or authorized 10 physician, nurse practitioner, or physician's assistant currently in 11 good standing in any state or the District of Columbia, or a physician, 12 nurse practitioner, or physician's assistant authorized to practice in 13 New York by executive order during the declared COVID-19 state of emer- 14 gency; and 15 3. Such member died on or before December thirty-first, two thousand 16 twenty, and COVID-19 caused or contributed to such member's death, as 17 documented on such member's death certificate, or as certified by a 18 physician, nurse practitioner, or physician's assistant described in 19 paragraph two of this subdivision who determines with a reasonable 20 degree of medical certainty that COVID-19 caused or contributed to the 21 member's death, such member's statutory beneficiary shall receive an 22 accidental death benefit, unless such statutory beneficiary elects to 23 receive an ordinary death benefit. 24 b. Any amount payable as a result of this section shall be reduced by 25 any amount paid by such member's retirement system to any recipient of 26 ordinary death benefits under this article. 27 c. 1. Notwithstanding any provision of this article or of any general, 28 special or local law to the contrary, and solely for the purpose of 29 determining eligibility for benefits under this section, where a member: 30 (i) retired from his or her retirement system on or after March first, 31 two thousand twenty, and before July first, two thousand twenty; 32 (ii) on or after March first, two thousand twenty, reported in person 33 to such member's usual place of public employment at the direction of 34 such member's public employer or to any alternate worksite as directed 35 by such public employer, provided that such alternate worksite was not 36 such member's home or residence; 37 (iii) contracted COVID-19 within forty-five days after any such date 38 of reporting to work in person, as confirmed by a positive laboratory 39 test or as diagnosed before or after such member's death by a licensed, 40 certified, registered or authorized physician, nurse practitioner, or 41 physician's assistant currently in good standing in any state or the 42 District of Columbia, or a physician, nurse practitioner, or physician's 43 assistant authorized to practice in New York by executive order during 44 the declared COVID-19 state of emergency; and 45 (iv) such member died on or before December thirty-first, two thousand 46 twenty, and COVID-19 caused or contributed to such member's death, as 47 documented on such member's death certificate, or as certified by a 48 physician, nurse practitioner, or physician's assistant described in 49 subparagraph (iii) of this paragraph who determines with a reasonable 50 degree of medical certainty that COVID-19 caused or contributed to the 51 member's death, such member's statutory beneficiary shall receive an 52 accidental death benefit if such statutory beneficiary elects conversion 53 of the member's service or disability retirement benefit into an acci- 54 dental death benefit. 55 2. Such member's statutory beneficiary, as defined under this article, 56 for purposes of accidental death benefits payable from such member'sA. 10528 6 1 retirement system under this article, may, within ninety days of such 2 member's retirement or September first, two thousand twenty, whichever 3 is later, apply to such member's retirement system to request the 4 conversion of such member's service or disability retirement benefit 5 into an accidental death benefit. For purposes of the salary base upon 6 which the accidental death benefit is calculated, such member shall be 7 deemed to have died on the date of such member's retirement. At the time 8 of such conversion, such statutory beneficiary shall relinquish all 9 rights to the prospective benefits payable under the service or disabil- 10 ity retirement statute, including any post-retirement death benefits, 11 since such member's death. If the statutory beneficiary is not the only 12 beneficiary receiving or entitled to receive a benefit under the service 13 or disability retirement statute, including, but not limited to, a post- 14 retirement death benefit or benefit paid or payable pursuant to the 15 member's option selection, the accidental death benefit payments to the 16 statutory beneficiary will be reduced by any amounts paid or payable to 17 any other statutory beneficiary. 18 d. In order to be eligible for the benefit described in this section, 19 the applicable retirement system or systems are authorized to promulgate 20 rules and regulations to administer this benefit including, but not 21 limited to, requiring a statement to be filed confirming the member 22 contracted COVID-19 and the dates and locations of the member's employ- 23 ment. 24 § 4. The retirement and social security law is amended by adding a new 25 section 607-i to read as follows: 26 § 607-i. COVID-19 benefit. a. Notwithstanding any other provision of 27 this article or of any general, special or local law to the contrary, 28 and solely for the purpose of determining eligibility for benefits under 29 this section, where: 30 1. A member reported in person to such member's usual place of public 31 employment at the direction of such member's public employer or to any 32 alternate worksite as directed by such public employer, on or after 33 March first, two thousand twenty, provided that such alternate worksite 34 was not such member's home or residence; 35 2. Such member contracted COVID-19 within forty-five days after 36 reporting to work as described in paragraph one of this subdivision as 37 confirmed by a positive laboratory test or as diagnosed before or after 38 such member's death by a licensed, certified, registered or authorized 39 physician, nurse practitioner, or physician's assistant currently in 40 good standing in any state or the District of Columbia, or a physician, 41 nurse practitioner, or physician's assistant authorized to practice in 42 New York by executive order during the declared COVID-19 state of emer- 43 gency; and 44 3. Such member died on or before December thirty-first, two thousand 45 twenty, and COVID-19 caused or contributed to such member's death, as 46 documented on such member's death certificate, or as certified by a 47 physician, nurse practitioner, or physician's assistant described in 48 paragraph two of this subdivision who determines with a reasonable 49 degree of medical certainty that COVID-19 caused or contributed to the 50 member's death, such member's statutory beneficiary shall receive an 51 accidental death benefit, unless such statutory beneficiary elects to 52 receive an ordinary death benefit. 53 b. Any amount payable as a result of this section shall be reduced by 54 any amount paid by such member's retirement system to any recipient of 55 ordinary death benefits under this article.A. 10528 7 1 c. 1. Notwithstanding any provision of this article or of any general, 2 special or local law to the contrary, and solely for the purpose of 3 determining eligibility for benefits under this section, where a member: 4 (i) retired from his or her retirement system on or after March first, 5 two thousand twenty, and before July first, two thousand twenty; 6 (ii) on or after March first, two thousand twenty, reported in person 7 to such member's usual place of public employment at the direction of 8 such member's public employer or to any alternate worksite as directed 9 by such public employer, provided that such alternate worksite was not 10 such member's home or residence; 11 (iii) contracted COVID-19 within forty-five days after any such date 12 of reporting to work in person, as confirmed by a positive laboratory 13 test or as diagnosed before or after such member's death by a licensed, 14 certified, registered or authorized physician, nurse practitioner, or 15 physician's assistant currently in good standing in any state or the 16 District of Columbia, or a physician, nurse practitioner, or physician's 17 assistant authorized to practice in New York by executive order during 18 the declared COVID-19 state of emergency; and 19 (iv) such member died on or before December thirty-first, two thousand 20 twenty, and COVID-19 caused or contributed to such member's death, as 21 documented on such member's death certificate, or as certified by a 22 physician, nurse practitioner, or physician's assistant described in 23 subparagraph (iii) of this paragraph who determines with a reasonable 24 degree of medical certainty that COVID-19 caused or contributed to the 25 member's death, such member's statutory beneficiary shall receive an 26 accidental death benefit if such statutory beneficiary elects conversion 27 of the member's service or disability retirement benefit into an acci- 28 dental death benefit. 29 2. Such member's statutory beneficiary, as defined under this article, 30 for purposes of accidental death benefits payable from such member's 31 retirement system under this article, may, within ninety days of such 32 member's retirement or September first, two thousand twenty, whichever 33 is later, apply to such member's retirement system to request the 34 conversion of such member's service or disability retirement benefit 35 into an accidental death benefit. For purposes of the salary base upon 36 which the accidental death benefit is calculated, such member shall be 37 deemed to have died on the date of such member's retirement. At the time 38 of such conversion, such statutory beneficiary shall relinquish all 39 rights to the prospective benefits payable under the service or disabil- 40 ity retirement statute, including any post-retirement death benefits, 41 since such member's death. If the statutory beneficiary is not the only 42 beneficiary receiving or entitled to receive a benefit under the service 43 or disability retirement statute, including, but not limited to, a post- 44 retirement death benefit or benefit paid or payable pursuant to the 45 member's option selection, the accidental death benefit payments to the 46 statutory beneficiary will be reduced by any amounts paid or payable to 47 any other statutory beneficiary. 48 d. In order to be eligible for the benefit described in this section, 49 the applicable retirement system or systems are authorized to promulgate 50 rules and regulations to administer this benefit including, but not 51 limited to, requiring a statement to be filed confirming the member 52 contracted COVID-19 and the dates and locations of the member's employ- 53 ment. 54 § 5. Section 512 of the education law is amended by adding a new 55 subdivision h to read as follows:A. 10528 8 1 h. 1. Notwithstanding any other provision of this article or of any 2 general, special or local law to the contrary, and solely for the 3 purpose of determining eligibility for benefits under this section, 4 where: 5 (A) a member reported in person to such member's usual place of public 6 employment at the direction of such member's public employer or to any 7 alternate worksite as directed by such public employer, on or after 8 March first, two thousand twenty, provided that such alternate worksite 9 was not such member's home or residence; 10 (B) such member contracted COVID-19 within forty-five days after 11 reporting to work as described in subparagraph (A) of this paragraph as 12 confirmed by a positive laboratory test or as diagnosed before or after 13 such member's death by a licensed, certified, registered or authorized 14 physician, nurse practitioner, or physician's assistant currently in 15 good standing in any state or the District of Columbia, or a physician, 16 nurse practitioner, or physician's assistant authorized to practice in 17 New York by executive order during the declared COVID-19 state of emer- 18 gency; and 19 (C) such member died on or before December thirty-first, two thousand 20 twenty, and COVID-19 caused or contributed to such member's death, as 21 documented on such member's death certificate, or as certified by a 22 physician, nurse practitioner, or physician's assistant described in 23 subparagraph (B) of this paragraph who determines with a reasonable 24 degree of medical certainty that COVID-19 caused or contributed to the 25 member's death, such member's statutory beneficiary shall receive an 26 accidental death benefit, unless such statutory beneficiary elects to 27 receive an ordinary death benefit. 28 2. Any amount payable as a result of this section shall be reduced by 29 any amount paid by such member's retirement system to any recipient of 30 ordinary death benefits under this article. 31 3. (A) Notwithstanding any provision of this article or of any gener- 32 al, special or local law to the contrary, and solely for the purpose of 33 determining eligibility for benefits under this section, where a member: 34 (i) retired from his or her retirement system on or after March first, 35 two thousand twenty, and before July first, two thousand twenty; 36 (ii) on or after March first, two thousand twenty, reported in person 37 to such member's usual place of public employment at the direction of 38 such member's public employer or to any alternate worksite as directed 39 by such public employer, provided that such alternate worksite was not 40 such member's home or residence; 41 (iii) contracted COVID-19 within forty-five days after any such date 42 of reporting to work in person, as confirmed by a positive laboratory 43 test or as diagnosed before or after such member's death by a licensed, 44 certified, registered or authorized physician, nurse practitioner, or 45 physician's assistant currently in good standing in any state or the 46 District of Columbia, or a physician, nurse practitioner, or physician's 47 assistant authorized to practice in New York by executive order during 48 the declared COVID-19 state of emergency; and 49 (iv) such member died on or before December thirty-first, two thousand 50 twenty, and COVID-19 caused or contributed to such member's death, as 51 documented on such member's death certificate, or as certified by a 52 physician, nurse practitioner, or physician's assistant described in 53 clause (iii) of this subparagraph who determines with a reasonable 54 degree of medical certainty that COVID-19 caused or contributed to the 55 member's death, such member's statutory beneficiary shall receive an 56 accidental death benefit if such statutory beneficiary elects conversionA. 10528 9 1 of the member's service or disability retirement benefit into an acci- 2 dental death benefit. 3 (B) Such member's statutory beneficiary, as defined under this arti- 4 cle, for purposes of accidental death benefits payable from such 5 member's retirement system under this article, may, within ninety days 6 of such member's retirement or September first, two thousand twenty, 7 whichever is later, apply to such member's retirement system to request 8 the conversion of such member's service or disability retirement benefit 9 into an accidental death benefit. For purposes of the salary base upon 10 which the accidental death benefit is calculated, such member shall be 11 deemed to have died on the date of such member's retirement. At the time 12 of such conversion, such statutory beneficiary shall relinquish all 13 rights to the prospective benefits payable under the service or disabil- 14 ity retirement statute, including any post-retirement death benefits, 15 since such member's death. If the statutory beneficiary is not the only 16 beneficiary receiving or entitled to receive a benefit under the service 17 or disability retirement statute, including, but not limited to, a post- 18 retirement death benefit or benefit paid or payable pursuant to the 19 member's option selection, the accidental death benefit payments to the 20 statutory beneficiary will be reduced by any amounts paid or payable to 21 any other statutory beneficiary. 22 4. In order to be eligible for the benefit described in this subdivi- 23 sion, the applicable retirement system or systems are authorized to 24 promulgate rules and regulations to administer this benefit including, 25 but not limited to, requiring a statement to be filed confirming the 26 member contracted COVID-19 and the dates and locations of the member's 27 employment. 28 § 6. Section 2575 of the education law is amended by adding a new 29 subdivision 26 to read as follows: 30 26. (a) Notwithstanding any other provision of this article or of any 31 general, special or local law to the contrary, and solely for the 32 purpose of determining eligibility for benefits under this section, 33 where: 34 (i) a member reported in person to such member's usual place of public 35 employment at the direction of such member's public employer or to any 36 alternate worksite as directed by such public employer, on or after 37 March first, two thousand twenty, provided that such alternate worksite 38 was not such member's home or residence; 39 (ii) such member contracted COVID-19 within forty-five days after 40 reporting to work as described in subparagraph (i) of this paragraph as 41 confirmed by a positive laboratory test or as diagnosed before or after 42 such member's death by a licensed, certified, registered or authorized 43 physician, nurse practitioner, or physician's assistant currently in 44 good standing in any state or the District of Columbia, or a physician, 45 nurse practitioner, or physician's assistant authorized to practice in 46 New York by executive order during the declared COVID-19 state of emer- 47 gency; and 48 (iii) such member died on or before December thirty-first, two thou- 49 sand twenty, and COVID-19 caused or contributed to such member's death, 50 as documented on such member's death certificate, or as certified by a 51 physician, nurse practitioner, or physician's assistant described in 52 subparagraph (ii) of this paragraph who determines with a reasonable 53 degree of medical certainty that COVID-19 caused or contributed to the 54 member's death, such member's statutory beneficiary shall receive an 55 accidental death benefit, unless such statutory beneficiary elects to 56 receive an ordinary death benefit.A. 10528 10 1 (b) Any amount payable as a result of this subdivision shall be 2 reduced by any amount paid by such member's retirement system to any 3 recipient of ordinary death benefits under this article. 4 (c) (i) Notwithstanding any provision of this article or of any gener- 5 al, special or local law to the contrary, and solely for the purpose of 6 determining eligibility for benefits under this section, where a member: 7 (1) retired from his or her retirement system on or after March first, 8 two thousand twenty, and before July first, two thousand twenty; 9 (2) on or after March first, two thousand twenty, reported in person 10 to such member's usual place of public employment at the direction of 11 such member's public employer or to any alternate worksite as directed 12 by such public employer, provided that such alternate worksite was not 13 such member's home or residence; 14 (3) contracted COVID-19 within forty-five days after any such date of 15 reporting to work in person, as confirmed by a positive laboratory test 16 or as diagnosed before or after such member's death by a licensed, 17 certified, registered or authorized physician, nurse practitioner, or 18 physician's assistant currently in good standing in any state or the 19 District of Columbia, or a physician, nurse practitioner, or physician's 20 assistant authorized to practice in New York by executive order during 21 the declared COVID-19 state of emergency; and 22 (4) such member died on or before December thirty-first, two thousand 23 twenty, and COVID-19 caused or contributed to such member's death, as 24 documented on such member's death certificate, or as certified by a 25 physician, nurse practitioner, or physician's assistant described in 26 clause three of this subparagraph who determines with a reasonable 27 degree of medical certainty that COVID-19 caused or contributed to the 28 member's death, such member's statutory beneficiary shall receive an 29 accidental death benefit if such statutory beneficiary elects conversion 30 of the member's service or disability retirement benefit into an acci- 31 dental death benefit. 32 (ii) Such member's statutory beneficiary, as defined under this 33 section, for purposes of accidental death benefits payable from such 34 member's retirement system under this section, may, within ninety days 35 of such member's retirement or September first, two thousand twenty, 36 whichever is later, apply to such member's retirement system to request 37 the conversion of such member's service or disability retirement benefit 38 into an accidental death benefit. For purposes of the salary base upon 39 which the accidental death benefit is calculated, such member shall be 40 deemed to have died on the date of such member's retirement. At the time 41 of such conversion, such statutory beneficiary shall relinquish all 42 rights to the prospective benefits payable under the service or disabil- 43 ity retirement statute, including any post-retirement death benefits, 44 since such member's death. If the statutory beneficiary is not the only 45 beneficiary receiving or entitled to receive a benefit under the service 46 or disability retirement statute, including, but not limited to, a post- 47 retirement death benefit or benefit paid or payable pursuant to the 48 member's option selection, the accidental death benefit payments to the 49 statutory beneficiary will be reduced by any amounts paid or payable to 50 any other statutory beneficiary. 51 (d) In order to be eligible for the benefit described in this subdivi- 52 sion, the applicable retirement system or systems are authorized to 53 promulgate rules and regulations to administer this benefit including, 54 but not limited to, requiring a statement to be filed confirming the 55 member contracted COVID-19 and the dates and locations of the member's 56 employment.A. 10528 11 1 § 7. Section 1266-h of the public authorities law is amended by adding 2 a new subdivision 8 to read as follows: 3 8. (a) Notwithstanding any other provision of this section or of any 4 general, special or local law to the contrary, and solely for the 5 purpose of determining eligibility for benefits under this section, 6 where: 7 (i) a member reported in person to such member's usual place of public 8 employment at the direction of such member's public employer or to any 9 alternate worksite as directed by such public employer, on or after 10 March first, two thousand twenty, provided that such alternate worksite 11 was not such member's home or residence; 12 (ii) such member contracted COVID-19 within forty-five days after 13 reporting to work pursuant to subparagraph (i) of this paragraph, as 14 confirmed by a positive laboratory test or as diagnosed before or after 15 such member's death by a licensed, certified, registered or authorized 16 physician, nurse practitioner, or physician's assistant currently in 17 good standing in any state or the District of Columbia, or a physician, 18 nurse practitioner, or physician's assistant authorized to practice in 19 New York by executive order during the declared COVID-19 state of emer- 20 gency; and 21 (iii) Such member died on or before December thirty-first, two thou- 22 sand twenty, and COVID-19 caused or contributed to such member's death, 23 as documented on such member's death certificate, or as certified by a 24 physician, nurse practitioner, or physician's assistant described in 25 subparagraph (ii) of this paragraph who determines with a reasonable 26 degree of medical certainty that COVID-19 caused or contributed to the 27 member's death, such member's statutory beneficiary shall receive an 28 accidental death benefit, unless such statutory beneficiary elects to 29 receive an ordinary death benefit. 30 (b) Any amount payable as a result of this section shall be reduced by 31 any amount paid by such member's retirement system to any recipient of 32 ordinary death benefits pursuant to this section. 33 (c) Notwithstanding any provision of this section or of any general, 34 special or local law to the contrary, and solely for the purpose of 35 determining eligibility for benefits under this section, where a member: 36 (1) retired from his or her retirement system on or after March first, 37 two thousand twenty, and before July first, two thousand twenty; 38 (2) on or after March first, two thousand twenty, reported in person 39 to such member's usual place of public employment at the direction of 40 such member's public employer or to any alternate worksite as directed 41 by such public employer, provided that such alternate worksite was not 42 such member's home or residence; 43 (3) contracted COVID-19 within forty-five days after any such date of 44 reporting to work in person, as confirmed by a positive laboratory test 45 or as diagnosed before or after such member's death by a licensed, 46 certified, registered or authorized physician, nurse practitioner, or 47 physician's assistant currently in good standing in any state or the 48 District of Columbia, or a physician, nurse practitioner, or physician's 49 assistant authorized to practice in New York by executive order during 50 the declared COVID-19 state of emergency; and 51 (4) Such member died on or before December thirty-first, two thousand 52 twenty, and COVID-19 caused or contributed to such member's death, as 53 documented on such member's death certificate, or as certified by a 54 physician, nurse practitioner, or physician's assistant described in 55 subparagraph three of this paragraph who determines with a reasonable 56 degree of medical certainty that COVID-19 caused or contributed to theA. 10528 12 1 member's death, such member's statutory beneficiary shall receive an 2 accidental death benefit if such statutory beneficiary elects conversion 3 of the member's service or disability retirement benefit into an acci- 4 dental death benefit. 5 (d) Such member's statutory beneficiary, as defined pursuant to this 6 section, for purposes of accidental death benefits payable from such 7 member's retirement system under this section, may, within ninety days 8 of such member's retirement or September first, two thousand twenty, 9 whichever is later, apply to such member's retirement system to request 10 the conversion of such member's service or disability retirement benefit 11 into an accidental death benefit. For purposes of the salary base upon 12 which the accidental death benefit is calculated, such member shall be 13 deemed to have died on the date of such member's retirement. At the time 14 of such conversion, such statutory beneficiary shall relinquish all 15 rights to the prospective benefits payable under the service or disabil- 16 ity retirement statute, including any post-retirement death benefits, 17 since such member's death. If the statutory beneficiary is not the only 18 beneficiary receiving or entitled to receive a benefit under the service 19 or disability retirement statute including, but not limited to, a post- 20 retirement death benefit or benefit paid or payable pursuant to the 21 member's option selection, the accidental death benefit payments to the 22 statutory beneficiary will be reduced by any amounts paid or payable to 23 any other statutory beneficiary. 24 (e) In order to be eligible for the benefit described in this subdivi- 25 sion, the applicable retirement system or systems are authorized to 26 promulgate rules and regulations to administer this benefit including, 27 but not limited to, requiring a statement to be filed confirming the 28 member contracted COVID-19 and the dates and locations of such member's 29 employment. 30 § 8. The administrative code of the city of New York is amended by 31 adding a new section 13-149.1 to read as follows: 32 § 13-149.1 COVID-19 benefit. 1. Notwithstanding any other provision 33 of this title or of any general, special or local law to the contrary, 34 and solely for the purpose of determining eligibility for benefits under 35 this section, where: 36 (a) a member reported in person to such member's usual place of public 37 employment at the direction of such member's public employer or to any 38 alternate worksite as directed by such public employer, on or after 39 March first, two thousand twenty, provided that such alternate worksite 40 was not such member's home or residence; 41 (b) such member contracted COVID-19 within forty-five days after 42 reporting to work as described in paragraph (a) of this subdivision, as 43 confirmed by a positive laboratory test or as diagnosed before or after 44 such member's death by a licensed, certified, registered or authorized 45 physician, nurse practitioner, or physician's assistant currently in 46 good standing in any state or the District of Columbia, or a physician, 47 nurse practitioner, or physician's assistant authorized to practice in 48 New York by executive order during the declared COVID-19 state of emer- 49 gency; and 50 (c) Such member died on or before December thirty-first, two thousand 51 twenty, and COVID-19 caused or contributed to such member's death, as 52 documented on such member's death certificate, or as certified by a 53 physician, nurse practitioner, or physician's assistant described in 54 paragraph (b) of this subdivision who determines with a reasonable 55 degree of medical certainty that COVID-19 caused or contributed to the 56 member's death, such member's statutory beneficiary shall receive anA. 10528 13 1 accidental death benefit, unless such statutory beneficiary elects to 2 receive an ordinary death benefit. 3 2. Any amount payable as a result of this title shall be reduced by 4 any amount paid by such member's retirement system to any recipient of 5 ordinary death benefits under this title. 6 3. Notwithstanding any provision of this title or of any general, 7 special or local law to the contrary, and solely for the purpose of 8 determining eligibility for benefits under this section, where a member: 9 (a) retired from his or her retirement system on or after March first, 10 two thousand twenty, and before July first, two thousand twenty; 11 (b) on or after March first, two thousand twenty, reported in person 12 to such member's usual place of public employment at the direction of 13 such member's public employer or to any alternate worksite as directed 14 by such public employer, provided that such alternate worksite was not 15 such member's home or residence; 16 (c) contracted COVID-19 within forty-five days after any such date of 17 reporting to work in person, as confirmed by a positive laboratory test 18 or as diagnosed before or after such member's death by a licensed, 19 certified, registered or authorized physician, nurse practitioner, or 20 physician's assistant currently in good standing in any state or the 21 District of Columbia, or a physician, nurse practitioner, or physician's 22 assistant authorized to practice in New York by executive order during 23 the declared COVID-19 state of emergency; and 24 (d) Such member died on or before December thirty-first, two thousand 25 twenty, and COVID-19 caused or contributed to such member's death, as 26 documented on such member's death certificate, or as certified by a 27 physician, nurse practitioner, or physician's assistant described in 28 paragraph (c) of this subdivision who determines with a reasonable 29 degree of medical certainty that COVID-19 caused or contributed to the 30 member's death, such member's statutory beneficiary shall receive an 31 accidental death benefit if such statutory beneficiary elects conversion 32 of the member's service or disability retirement benefit into an acci- 33 dental death benefit. 34 4. Such member's statutory beneficiary, as defined pursuant to this 35 title, for purposes of accidental death benefits payable from such 36 member's retirement system under this title, may, within ninety days of 37 such member's retirement or September first, two thousand twenty, which- 38 ever is later, apply to such member's retirement system to request the 39 conversion of such member's service or disability retirement benefit 40 into an accidental death benefit. For purposes of the salary base upon 41 which the accidental death benefit is calculated, such member shall be 42 deemed to have died on the date of such member's retirement. At the time 43 of such conversion, such statutory beneficiary shall relinquish all 44 rights to the prospective benefits payable under the service or disabil- 45 ity retirement statute, including any post-retirement death benefits, 46 since such member's death. If the statutory beneficiary is not the only 47 beneficiary receiving or entitled to receive a benefit under the service 48 or disability retirement statute including, but not limited to, a post- 49 retirement death benefit or benefit paid or payable pursuant to the 50 member's option selection, the accidental death benefit payments to the 51 statutory beneficiary will be reduced by any amounts paid or payable to 52 any other statutory beneficiary. 53 5. In order to be eligible for the benefit described in this title, 54 the applicable retirement system or systems are authorized to promulgate 55 rules and regulations to administer this benefit including, but not 56 limited to, requiring a statement to be filed confirming the memberA. 10528 14 1 contracted COVID-19 and the dates and locations of such member's employ- 2 ment. 3 § 9. The administrative code of the city of New York is amended by 4 adding a new section 13-244.1 to read as follows: 5 § 13-244.1 COVID-19 benefit. 1. Notwithstanding any other provision 6 of this title or of any general, special or local law to the contrary, 7 and solely for the purpose of determining eligibility for benefits under 8 this section, where: 9 (a) a member reported in person to such member's usual place of public 10 employment at the direction of such member's public employer or to any 11 alternate worksite as directed by such public employer, on or after 12 March first, two thousand twenty, provided that such alternate worksite 13 was not such member's home or residence; 14 (b) such member contracted COVID-19 within forty-five days after 15 reporting to work as described in paragraph (a) of this subdivision, as 16 confirmed by a positive laboratory test or as diagnosed before or after 17 such member's death by a licensed, certified, registered or authorized 18 physician, nurse practitioner, or physician's assistant currently in 19 good standing in any state or the District of Columbia, or a physician, 20 nurse practitioner, or physician's assistant authorized to practice in 21 New York by executive order during the declared COVID-19 state of emer- 22 gency; and 23 (c) Such member died on or before December thirty-first, two thousand 24 twenty, and COVID-19 caused or contributed to such member's death, as 25 documented on such member's death certificate, or as certified by a 26 physician, nurse practitioner, or physician's assistant described in 27 paragraph (b) of this subdivision who determines with a reasonable 28 degree of medical certainty that COVID-19 caused or contributed to the 29 member's death, such member's statutory beneficiary shall receive an 30 accidental death benefit, unless such statutory beneficiary elects to 31 receive an ordinary death benefit. 32 2. Any amount payable as a result of this title shall be reduced by 33 any amount paid by such member's retirement system to any recipient of 34 ordinary death benefits under this title. 35 3. Notwithstanding any provision of this title or of any general, 36 special or local law to the contrary, and solely for the purpose of 37 determining eligibility for benefits under this section, where a member: 38 (a) retired from his or her retirement system on or after March first, 39 two thousand twenty, and before July first, two thousand twenty; 40 (b) on or after March first, two thousand twenty, reported in person 41 to such member's usual place of public employment at the direction of 42 such member's public employer or to any alternate worksite as directed 43 by such public employer, provided that such alternate worksite was not 44 such member's home or residence; 45 (c) contracted COVID-19 within forty-five days after any such date of 46 reporting to work in person, as confirmed by a positive laboratory test 47 or as diagnosed before or after such member's death by a licensed, 48 certified, registered or authorized physician, nurse practitioner, or 49 physician's assistant currently in good standing in any state or the 50 District of Columbia, or a physician, nurse practitioner, or physician's 51 assistant authorized to practice in New York by executive order during 52 the declared COVID-19 state of emergency; and 53 (d) Such member died on or before December thirty-first, two thousand 54 twenty, and COVID-19 caused or contributed to such member's death, as 55 documented on such member's death certificate, or as certified by a 56 physician, nurse practitioner, or physician's assistant described inA. 10528 15 1 paragraph (c) of this subdivision who determines with a reasonable 2 degree of medical certainty that COVID-19 caused or contributed to the 3 member's death, such member's statutory beneficiary shall receive an 4 accidental death benefit if such statutory beneficiary elects conversion 5 of the member's service or disability retirement benefit into an acci- 6 dental death benefit. 7 4. Such member's statutory beneficiary, as defined pursuant to this 8 title, for purposes of accidental death benefits payable from such 9 member's retirement system under this title, may, within ninety days of 10 such member's retirement or September first, two thousand twenty, which- 11 ever is later, apply to such member's retirement system to request the 12 conversion of such member's service or disability retirement benefit 13 into an accidental death benefit. For purposes of the salary base upon 14 which the accidental death benefit is calculated, such member shall be 15 deemed to have died on the date of such member's retirement. At the time 16 of such conversion, such statutory beneficiary shall relinquish all 17 rights to the prospective benefits payable under the service or disabil- 18 ity retirement statute, including any post-retirement death benefits, 19 since such member's death. If the statutory beneficiary is not the only 20 beneficiary receiving or entitled to receive a benefit under the service 21 or disability retirement statute including, but not limited to, a post- 22 retirement death benefit or benefit paid or payable pursuant to the 23 member's option selection, the accidental death benefit payments to the 24 statutory beneficiary will be reduced by any amounts paid or payable to 25 any other statutory beneficiary. 26 5. In order to be eligible for the benefit described in this title, 27 the applicable retirement system or systems are authorized to promulgate 28 rules and regulations to administer this benefit including, but not 29 limited to, requiring a statement to be filed confirming the member 30 contracted COVID-19 and the dates and locations of such member's employ- 31 ment. 32 § 10. The administrative code of the city of New York is amended by 33 adding a new section 13-347.1 to read as follows: 34 § 13-347.1 COVID-19 benefit. 1. Notwithstanding any other provision of 35 this title or of any general, special or local law to the contrary, and 36 solely for the purpose of determining eligibility for benefits under 37 this section, where: 38 (a) a member reported in person to such member's usual place of public 39 employment at the direction of such member's public employer or to any 40 alternate worksite as directed by such public employer, on or after 41 March first, two thousand twenty, provided that such alternate worksite 42 was not such member's home or residence; 43 (b) such member contracted COVID-19 within forty-five days after 44 reporting to work as described in paragraph (a) of this subdivision, as 45 confirmed by a positive laboratory test or as diagnosed before or after 46 such member's death by a licensed, certified, registered or authorized 47 physician, nurse practitioner, or physician's assistant currently in 48 good standing in any state or the District of Columbia, or a physician, 49 nurse practitioner, or physician's assistant authorized to practice in 50 New York by executive order during the declared COVID-19 state of emer- 51 gency; and 52 (c) Such member died on or before December thirty-first, two thousand 53 twenty, and COVID-19 caused or contributed to such member's death, as 54 documented on such member's death certificate, or as certified by a 55 physician, nurse practitioner, or physician's assistant described in 56 paragraph (b) of this subdivision who determines with a reasonableA. 10528 16 1 degree of medical certainty that COVID-19 caused or contributed to the 2 member's death, such member's statutory beneficiary shall receive an 3 accidental death benefit, unless such statutory beneficiary elects to 4 receive an ordinary death benefit. 5 2. Any amount payable as a result of this title shall be reduced by 6 any amount paid by such member's retirement system to any recipient of 7 ordinary death benefits under this title. 8 3. Notwithstanding any provision of this title or of any general, 9 special or local law to the contrary, and solely for the purpose of 10 determining eligibility for benefits under this section, where a member: 11 (a) retired from his or her retirement system on or after March first, 12 two thousand twenty, and before July first, two thousand twenty; 13 (b) on or after March first, two thousand twenty, reported in person 14 to such member's usual place of public employment at the direction of 15 such member's public employer or to any alternate worksite as directed 16 by such public employer, provided that such alternate worksite was not 17 such member's home or residence; 18 (c) contracted COVID-19 within forty-five days after any such date of 19 reporting to work in person, as confirmed by a positive laboratory test 20 or as diagnosed before or after such member's death by a licensed, 21 certified, registered or authorized physician, nurse practitioner, or 22 physician's assistant currently in good standing in any state or the 23 District of Columbia, or a physician, nurse practitioner, or physician's 24 assistant authorized to practice in New York by executive order during 25 the declared COVID-19 state of emergency; and 26 (d) Such member died on or before December thirty-first, two thousand 27 twenty, and COVID-19 caused or contributed to such member's death, as 28 documented on such member's death certificate, or as certified by a 29 physician, nurse practitioner, or physician's assistant described in 30 paragraph (c) of this subdivision who determines with a reasonable 31 degree of medical certainty that COVID-19 caused or contributed to the 32 member's death, such member's statutory beneficiary shall receive an 33 accidental death benefit if such statutory beneficiary elects conversion 34 of the member's service or disability retirement benefit into an acci- 35 dental death benefit. 36 4. Such member's statutory beneficiary, as defined pursuant to this 37 title, for purposes of accidental death benefits payable from such 38 member's retirement system under this title, may, within ninety days of 39 such member's retirement or September first, two thousand twenty, which- 40 ever is later, apply to such member's retirement system to request the 41 conversion of such member's service or disability retirement benefit 42 into an accidental death benefit. For purposes of the salary base upon 43 which the accidental death benefit is calculated, such member shall be 44 deemed to have died on the date of such member's retirement. At the time 45 of such conversion, such statutory beneficiary shall relinquish all 46 rights to the prospective benefits payable under the service or disabil- 47 ity retirement statute, including any post-retirement death benefits, 48 since such member's death. If the statutory beneficiary is not the only 49 beneficiary receiving or entitled to receive a benefit under the service 50 or disability retirement statute including, but not limited to, a post- 51 retirement death benefit or benefit paid or payable pursuant to the 52 member's option selection, the accidental death benefit payments to the 53 statutory beneficiary will be reduced by any amounts paid or payable to 54 any other statutory beneficiary. 55 5. In order to be eligible for the benefit described in this title, 56 the applicable retirement system or systems are authorized to promulgateA. 10528 17 1 rules and regulations to administer this benefit including, but not 2 limited to, requiring a statement to be filed confirming the member 3 contracted COVID-19 and the dates and locations of such member's employ- 4 ment. 5 § 11. The administrative code of the city of New York is amended by 6 adding a new section 13-544.1 to read as follows: 7 § 13-544.1 COVID-19 benefit. 1. Notwithstanding any other provision 8 of this title or of any general, special or local law to the contrary, 9 and solely for the purpose of determining eligibility for benefits under 10 this section, where: 11 (a) a member reported in person to such member's usual place of public 12 employment at the direction of such member's public employer or to any 13 alternate worksite as directed by such public employer, on or after 14 March first, two thousand twenty, provided that such alternate worksite 15 was not such member's home or residence; 16 (b) such member contracted COVID-19 within forty-five days after 17 reporting to work as described in paragraph (a) of this subdivision, as 18 confirmed by a positive laboratory test or as diagnosed before or after 19 such member's death by a licensed, certified, registered or authorized 20 physician, nurse practitioner, or physician's assistant currently in 21 good standing in any state or the District of Columbia, or a physician, 22 nurse practitioner, or physician's assistant authorized to practice in 23 New York by executive order during the declared COVID-19 state of emer- 24 gency; and 25 (c) Such member died on or before December thirty-first, two thousand 26 twenty, and COVID-19 caused or contributed to such member's death, as 27 documented on such member's death certificate, or as certified by a 28 physician, nurse practitioner, or physician's assistant described in 29 paragraph (b) of this subdivision who determines with a reasonable 30 degree of medical certainty that COVID-19 caused or contributed to the 31 member's death, such member's statutory beneficiary shall receive an 32 accidental death benefit, unless such statutory beneficiary elects to 33 receive an ordinary death benefit. 34 2. Any amount payable as a result of this title shall be reduced by 35 any amount paid by such member's retirement system to any recipient of 36 ordinary death benefits under this title. 37 3. Notwithstanding any provision of this title or of any general, 38 special or local law to the contrary, and solely for the purpose of 39 determining eligibility for benefits under this section, where a member: 40 (a) retired from his or her retirement system on or after March first, 41 two thousand twenty, and before July first, two thousand twenty; 42 (b) on or after March first, two thousand twenty, reported in person 43 to such member's usual place of public employment at the direction of 44 such member's public employer or to any alternate worksite as directed 45 by such public employer, provided that such alternate worksite was not 46 such member's home or residence; 47 (c) contracted COVID-19 within forty-five days after any such date of 48 reporting to work in person, as confirmed by a positive laboratory test 49 or as diagnosed before or after such member's death by a licensed, 50 certified, registered or authorized physician, nurse practitioner, or 51 physician's assistant currently in good standing in any state or the 52 District of Columbia, or a physician, nurse practitioner, or physician's 53 assistant authorized to practice in New York by executive order during 54 the declared COVID-19 state of emergency; and 55 (d) Such member died on or before December thirty-first, two thousand 56 twenty, and COVID-19 caused or contributed to such member's death, asA. 10528 18 1 documented on such member's death certificate, or as certified by a 2 physician, nurse practitioner, or physician's assistant described in 3 paragraph (c) of this subdivision who determines with a reasonable 4 degree of medical certainty that COVID-19 caused or contributed to the 5 member's death, such member's statutory beneficiary shall receive an 6 accidental death benefit if such statutory beneficiary elects conversion 7 of the member's service or disability retirement benefit into an acci- 8 dental death benefit. 9 4. Such member's statutory beneficiary, as defined pursuant to this 10 title, for purposes of accidental death benefits payable from such 11 member's retirement system under this title, may, within ninety days of 12 such member's retirement or September first, two thousand twenty, which- 13 ever is later, apply to such member's retirement system to request the 14 conversion of such member's service or disability retirement benefit 15 into an accidental death benefit. For purposes of the salary base upon 16 which the accidental death benefit is calculated, such member shall be 17 deemed to have died on the date of such member's retirement. At the time 18 of such conversion, such statutory beneficiary shall relinquish all 19 rights to the prospective benefits payable under the service or disabil- 20 ity retirement statute, including any post-retirement death benefits, 21 since such member's death. If the statutory beneficiary is not the only 22 beneficiary receiving or entitled to receive a benefit under the service 23 or disability retirement statute including, but not limited to, a post- 24 retirement death benefit or benefit paid or payable pursuant to the 25 member's option selection, the accidental death benefit payments to the 26 statutory beneficiary will be reduced by any amounts paid or payable to 27 any other statutory beneficiary. 28 5. In order to be eligible for the benefit described in this title, 29 the applicable retirement system or systems are authorized to promulgate 30 rules and regulations to administer this benefit including, but not 31 limited to, requiring a statement to be filed confirming the member 32 contracted COVID-19 and the dates and locations of such member's employ- 33 ment. 34 § 12. The heads and boards of the retirement systems described herein 35 are hereby authorized to promulgate rules and regulations to implement 36 the provisions of this act, including guidance on what shall constitute 37 a positive diagnosis of COVID-19 from a physician, nurse practitioner, 38 or physician's assistant in the absence of a laboratory test. 39 § 13. Notwithstanding any other provision of law to the contrary, none 40 of the provisions of this act shall be subject to section 25 of the 41 retirement and social security law. 42 § 14. This act shall take effect immediately and shall be deemed to 43 have been in full force and effect on and after March 1, 2020; provided 44 that the provisions of this act shall expire and be deemed repealed on 45 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 recentA. 10528 19 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. 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:A. 10528 20 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 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:A. 10528 21 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. 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 DeathA. 10528 22 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 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 25,825A. 10528 23 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 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.A. 10528 24 * 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 Retirement Systems and Pension Funds. This estimate is intended for use only during the 2020 Legislative Session.