Bill Text: NY A10523 | 2019-2020 | General Assembly | Introduced


Bill Title: Establish a coronavirus disease 2019 (COVID-19) presumption for public employee death benefits where a member was required to physically report to work; did in fact physically report to work as of March first, two thousand twenty; contracted COVID-19; and where the applicable head of the member's retirement system or such system's medical board determines COVID-19 to have been a significant contributing factor in the member's death.

Spectrum: Moderate Partisan Bill (Democrat 19-4)

Status: (Introduced) 2020-05-27 - reported referred to rules [A10523 Detail]

Download: New_York-2019-A10523-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          10523

                   IN ASSEMBLY

                                      May 25, 2020
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Abbate) --
          read once and referred to the Committee on Ways and Means

        AN ACT to amend the retirement and social security  law,  the  education
          law,  the  public  authorities  law and the administrative code of the
          city of New York, in relation to establishing  a  coronavirus  disease
          2019  (COVID-19)  presumption  for public employee death benefits; and
          providing for the repeal of such provisions upon the expiration there-
          of

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

     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 presumption.  a. Notwithstanding any other provision
     4  of this article or of any general, special or local law to the contrary,
     5  except for purposes of the workers' compensation law and the labor  law,
     6  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
    10  March first, two thousand twenty, provided that such alternate  worksite
    11  was not such member's home or residence;
    12    2. Such member contracted COVID-19, including but not limited to coro-
    13  navirus,  COVID,  or  SARS-CoV2,  or  equivalent, within forty-five days
    14  after reporting to work as described in paragraph one of  this  subdivi-
    15  sion  as  confirmed by a positive laboratory test or as diagnosed before
    16  or after such member's death by a  licensed,  certified,  registered  or
    17  authorized  health  care  practitioner  currently in good standing, or a
    18  health care practitioner  authorized  to  practice  by  executive  order
    19  during the declared COVID-19 state of emergency; and
    20    3.    COVID-19  caused or contributed to such member's death, as docu-
    21  mented on such member's death certificate, or as determined by a  health
    22  care  practitioner  described in paragraph two of this subdivision, such
    23  member shall be deemed to have died as a natural and proximate result of
    24  an accident sustained in the performance of duty and not as a result  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16422-10-0

        A. 10523                            2

     1  willful  negligence  on  their  part,  unless  the contrary be proved by
     2  competent evidence.
     3    b.  Any amount payable as a result of this section shall be reduced by
     4  any amount paid by such member's retirement system to any  recipient  of
     5  ordinary death benefits under this article.
     6    c. 1. Notwithstanding any provision of this article or of any general,
     7  special or local law to the contrary, but except for the purposes of the
     8  workers' compensation law and the labor law, where a member:
     9    (i) retired from his or her retirement system on or after March first,
    10  two thousand twenty, and before the effective date of the chapter of the
    11  laws of two thousand twenty that added this section;
    12    (ii)  on or after March first, two thousand twenty, reported in person
    13  to such member's usual place of public employment at  the  direction  of
    14  such  member's  public employer or to any alternate worksite as directed
    15  by such public employer, provided that such alternate worksite  was  not
    16  such member's home or residence;
    17    (iii)  contracted  COVID-19 within forty-five days after any such date
    18  of reporting to work in person, as confirmed by  a  positive  laboratory
    19  test  or as diagnosed before or after such member's death by a licensed,
    20  certified, registered or authorized health care  practitioner  currently
    21  in  good  standing, or a health care practitioner authorized to practice
    22  by executive order during the declared COVID-19 state of emergency; and
    23    (iv) COVID-19 caused or contributed to such member's death,  as  docu-
    24  mented  on such member's death certificate, or as determined by a health
    25  care practitioner described in subparagraph  (iii)  of  this  paragraph,
    26  such  member  shall  be  deemed  to have died as a natural and proximate
    27  result of an accident sustained in the performance of duty and not as  a
    28  result  of willful negligence on his or her part, unless the contrary be
    29  proved by competent evidence.
    30    2. Such member's statutory beneficiary, as defined under this article,
    31  for purposes of accidental death benefits  payable  from  such  member's
    32  retirement  system  under  this  article, may, within ninety days of the
    33  effective date of the chapter of the laws of two  thousand  twenty  that
    34  added  this section, apply to such member's retirement system to request
    35  the conversion of such member's service or disability retirement benefit
    36  into an accidental death benefit. For purposes of the salary  base  upon
    37  which  the  accidental death benefit is calculated, such member shall be
    38  deemed to have died on the date of such member's retirement. At the time
    39  of such conversion, such  statutory  beneficiary  shall  relinquish  all
    40  rights to the prospective benefits payable under the service or disabil-
    41  ity  retirement  statute,  including any post-retirement death benefits,
    42  since such member's death. If the statutory beneficiary is not the  only
    43  beneficiary receiving or entitled to receive a benefit under the service
    44  or disability retirement statute, including, but not limited to, a post-
    45  retirement  death  benefit  or  benefit  paid or payable pursuant to the
    46  member's option selection, the accidental death benefit payments to  the
    47  statutory  beneficiary will be reduced by any amounts paid or payable to
    48  any other statutory beneficiary.
    49    d. In order to be eligible  for  the  presumption  described  in  this
    50  section,  the  applicable retirement system or systems are authorized to
    51  promulgate rules and regulations to administer this  benefit  including,
    52  but  not  limited  to,  requiring a statement to be filed confirming the
    53  member contracted COVID-19 and the dates and locations of  the  member's
    54  employment.
    55    § 2. The retirement and social security law is amended by adding a new
    56  section 361-b to read as follows:

        A. 10523                            3

     1    § 361-b. COVID-19 presumption.  a. Notwithstanding any other provision
     2  of this article or of any general, special or local law to the contrary,
     3  except  for purposes of the workers' compensation law and the labor law,
     4  where:
     5    1.  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    2. Such member contracted COVID-19, including but not limited to coro-
    11  navirus,  COVID,  or  SARS-CoV2,  or  equivalent, within forty-five days
    12  after reporting to work as described in paragraph one of  this  subdivi-
    13  sion  as  confirmed by a positive laboratory test or as diagnosed before
    14  or after such member's death by a  licensed,  certified,  registered  or
    15  authorized  health  care  practitioner  currently in good standing, or a
    16  health care practitioner  authorized  to  practice  by  executive  order
    17  during the declared COVID-19 state of emergency; and
    18    3.    COVID-19  caused or contributed to such member's death, as docu-
    19  mented on such member's death certificate, or as determined by a  health
    20  care  practitioner  described in paragraph two of this subdivision, such
    21  member shall be deemed to have died as a natural and proximate result of
    22  an accident sustained in the performance of duty and not as a result  of
    23  willful  negligence  on  their  part,  unless  the contrary be proved by
    24  competent evidence.
    25    b. Any amount payable as a result of this section shall be reduced  by
    26  any  amount  paid by such member's retirement system to any recipient of
    27  ordinary death benefits under this article.
    28    c. 1. Notwithstanding any provision of this article or of any general,
    29  special or local law to the contrary, but except for the purposes of the
    30  workers' compensation law and the labor law, where a member:
    31    (i) retired from his or her retirement system on or after March first,
    32  two thousand twenty, and before the effective date of the chapter of the
    33  laws of two thousand twenty that added this section;
    34    (ii) on or after March first, two thousand twenty, reported in  person
    35  to  such  member's  usual place of public employment at the direction of
    36  such member's public employer or to any alternate worksite  as  directed
    37  by  such  public employer, provided that such alternate worksite was not
    38  such member's home or residence;
    39    (iii) contracted COVID-19 within forty-five days after any  such  date
    40  of  reporting  to  work in person, as confirmed by a positive laboratory
    41  test or as diagnosed before or after such member's death by a  licensed,
    42  certified,  registered  or authorized health care practitioner currently
    43  in good standing, or a health care practitioner authorized  to  practice
    44  by executive order during the declared COVID-19 state of emergency; and
    45    (iv)  COVID-19  caused or contributed to such member's death, as docu-
    46  mented on such member's death certificate, or as determined by a  health
    47  care  practitioner  described  in  subparagraph (iii) of this paragraph,
    48  such member shall be deemed to have died  as  a  natural  and  proximate
    49  result  of an accident sustained in the performance of duty and not as a
    50  result of willful negligence on his or her part, unless the contrary  be
    51  proved by competent evidence.
    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  the
    55  effective  date  of  the chapter of the laws of two thousand twenty that
    56  added this section, apply to such member's retirement system to  request

        A. 10523                            4

     1  the 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 presumption described in this
    16  section, the applicable retirement system or systems are  authorized  to
    17  promulgate  rules  and regulations to administer this benefit including,
    18  but not limited to, requiring a statement to  be  filed  confirming  the
    19  member  contracted  COVID-19 and the dates and locations of the member's
    20  employment.
    21    § 3. The retirement and social security law is amended by adding a new
    22  section 509-a to read as follows:
    23    § 509-a. COVID-19 presumption.  a. Notwithstanding any other provision
    24  of this article or of any general, special or local law to the contrary,
    25  except for purposes of the workers' compensation law and the labor  law,
    26  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, including but not limited to coro-
    33  navirus,  COVID,  or  SARS-CoV2,  or  equivalent, within forty-five days
    34  after reporting to work as described in paragraph one of  this  subdivi-
    35  sion  as  confirmed by a positive laboratory test or as diagnosed before
    36  or after such member's death by a  licensed,  certified,  registered  or
    37  authorized  health  care  practitioner  currently in good standing, or a
    38  health care practitioner  authorized  to  practice  by  executive  order
    39  during the declared COVID-19 state of emergency; and
    40    3.    COVID-19  caused or contributed to such member's death, as docu-
    41  mented on such member's death certificate, or as determined by a  health
    42  care  practitioner  described in paragraph two of this subdivision, such
    43  member shall be deemed to have died as a natural and proximate result of
    44  an accident sustained in the performance of duty and not as a result  of
    45  willful  negligence  on  their  part,  unless  the contrary be proved by
    46  competent evidence.
    47    b. Any amount payable as a result of this section shall be reduced  by
    48  any  amount  paid by such member's retirement system to any recipient of
    49  ordinary death benefits under this article.
    50    c. 1. Notwithstanding any provision of this article or of any general,
    51  special or local law to the contrary, but except for the purposes of the
    52  workers' compensation law and the labor law, where a member:
    53    (i) retired from his or her retirement system on or after March first,
    54  two thousand twenty, and before the effective date of the chapter of the
    55  laws of two thousand twenty that added this section;

        A. 10523                            5

     1    (ii) on or after March first, two thousand twenty, reported in  person
     2  to  such  member's  usual place of public employment at the direction of
     3  such member's public employer or to any alternate worksite  as  directed
     4  by  such  public employer, provided that such alternate worksite was not
     5  such member's home or residence;
     6    (iii)  contracted  COVID-19 within forty-five days after any such date
     7  of reporting to work in person, as confirmed by  a  positive  laboratory
     8  test  or as diagnosed before or after such member's death by a licensed,
     9  certified, registered or authorized health care  practitioner  currently
    10  in  good  standing, or a health care practitioner authorized to practice
    11  by executive order during the declared COVID-19 state of emergency; and
    12    (iv) COVID-19 caused or contributed to such member's death,  as  docu-
    13  mented  on such member's death certificate, or as determined by a health
    14  care practitioner described in subparagraph  (iii)  of  this  paragraph,
    15  such  member  shall  be  deemed  to have died as a natural and proximate
    16  result of an accident sustained in the performance of duty and not as  a
    17  result  of willful negligence on his or her part, unless the contrary be
    18  proved by competent evidence.
    19    2. Such member's statutory beneficiary, as defined under this article,
    20  for purposes of accidental death benefits  payable  from  such  member's
    21  retirement  system  under  this  article, may, within ninety days of the
    22  effective date of the chapter of the laws of two  thousand  twenty  that
    23  added  this section, apply to such member's retirement system to request
    24  the conversion of such member's service or disability retirement benefit
    25  into an accidental death benefit. For purposes of the salary  base  upon
    26  which  the  accidental death benefit is calculated, such member shall be
    27  deemed to have died on the date of such member's retirement. At the time
    28  of such conversion, such  statutory  beneficiary  shall  relinquish  all
    29  rights to the prospective benefits payable under the service or disabil-
    30  ity  retirement  statute,  including any post-retirement death benefits,
    31  since such member's death. If the statutory beneficiary is not the  only
    32  beneficiary receiving or entitled to receive a benefit under the service
    33  or disability retirement statute, including, but not limited to, a post-
    34  retirement  death  benefit  or  benefit  paid or payable pursuant to the
    35  member's option selection, the accidental death benefit payments to  the
    36  statutory  beneficiary will be reduced by any amounts paid or payable to
    37  any other statutory beneficiary.
    38    d. In order to be eligible  for  the  presumption  described  in  this
    39  section,  the  applicable retirement system or systems are authorized to
    40  promulgate rules and regulations to administer this  benefit  including,
    41  but  not  limited  to,  requiring a statement to be filed confirming the
    42  member contracted COVID-19 and the dates and locations of  the  member's
    43  employment.
    44    § 4. The retirement and social security law is amended by adding a new
    45  section 607-i to read as follows:
    46    § 607-i. COVID-19 presumption.  a. Notwithstanding any other provision
    47  of this article or of any general, special or local law to the contrary,
    48  except  for purposes of the workers' compensation law and the labor law,
    49  where:
    50    1. A member reported in person to such member's usual place of  public
    51  employment  at  the direction of such member's public employer or to any
    52  alternate worksite as directed by such  public  employer,  on  or  after
    53  March  first, two thousand twenty, provided that such alternate worksite
    54  was not such member's home or residence;
    55    2. Such member contracted COVID-19, including but not limited to coro-
    56  navirus, COVID, or SARS-CoV2,  or  equivalent,  within  forty-five  days

        A. 10523                            6

     1  after  reporting  to work as described in paragraph one of this subdivi-
     2  sion as confirmed by a positive laboratory test or as  diagnosed  before
     3  or  after  such  member's  death by a licensed, certified, registered or
     4  authorized  health  care  practitioner  currently in good standing, or a
     5  health care practitioner  authorized  to  practice  by  executive  order
     6  during the declared COVID-19 state of emergency; and
     7    3.    COVID-19  caused or contributed to such member's death, as docu-
     8  mented on such member's death certificate, or as determined by a  health
     9  care  practitioner  described in paragraph two of this subdivision, such
    10  member shall be deemed to have died as a natural and proximate result of
    11  an accident sustained in the performance of duty and not as a result  of
    12  willful  negligence  on  their  part,  unless  the contrary be proved by
    13  competent evidence.
    14    b. Any amount payable as a result of this section shall be reduced  by
    15  any  amount  paid by such member's retirement system to any recipient of
    16  ordinary death benefits under this article.
    17    c. 1. Notwithstanding any provision of this article or of any general,
    18  special or local law to the contrary, but except for the purposes of the
    19  workers' compensation law and the labor law, where a member:
    20    (i) retired from his or her retirement system on or after March first,
    21  two thousand twenty, and before the effective date of the chapter of the
    22  laws of two thousand twenty that added this section;
    23    (ii) on or after March first, two thousand twenty, reported in  person
    24  to  such  member's  usual place of public employment at the direction of
    25  such member's public employer or to any alternate worksite  as  directed
    26  by  such  public employer, provided that such alternate worksite was not
    27  such member's home or residence;
    28    (iii) contracted COVID-19 within forty-five days after any  such  date
    29  of  reporting  to  work in person, as confirmed by a positive laboratory
    30  test or as diagnosed before or after such member's death by a  licensed,
    31  certified,  registered  or authorized health care practitioner currently
    32  in good standing, or a health care practitioner authorized  to  practice
    33  by executive order during the declared COVID-19 state of emergency; and
    34    (iv)  COVID-19  caused or contributed to such member's death, as docu-
    35  mented on such member's death certificate, or as determined by a  health
    36  care  practitioner  described  in  subparagraph (iii) of this paragraph,
    37  such member shall be deemed to have died  as  a  natural  and  proximate
    38  result  of an accident sustained in the performance of duty and not as a
    39  result of willful negligence on his or her part, unless the contrary  be
    40  proved by competent evidence.
    41    2. Such member's statutory beneficiary, as defined under this article,
    42  for  purposes  of  accidental  death benefits payable from such member's
    43  retirement system under this article, may, within  ninety  days  of  the
    44  effective  date  of  the chapter of the laws of two thousand twenty that
    45  added this section, apply to such member's retirement system to  request
    46  the conversion of such member's service or disability retirement benefit
    47  into  an  accidental death benefit. For purposes of the salary base upon
    48  which the accidental death benefit is calculated, such member  shall  be
    49  deemed to have died on the date of such member's retirement. At the time
    50  of  such  conversion,  such  statutory  beneficiary shall relinquish all
    51  rights to the prospective benefits payable under the service or disabil-
    52  ity retirement statute, including any  post-retirement  death  benefits,
    53  since  such member's death. If the statutory beneficiary is not the only
    54  beneficiary receiving or entitled to receive a benefit under the service
    55  or disability retirement statute, including, but not limited to, a post-
    56  retirement death benefit or benefit paid  or  payable  pursuant  to  the

        A. 10523                            7

     1  member's  option selection, the accidental death benefit payments to the
     2  statutory beneficiary will be reduced by any amounts paid or payable  to
     3  any other statutory beneficiary.
     4    d.  In  order  to  be  eligible  for the presumption described in this
     5  section, the applicable retirement system or systems are  authorized  to
     6  promulgate  rules  and regulations to administer this benefit including,
     7  but not limited to, requiring a statement to  be  filed  confirming  the
     8  member  contracted  COVID-19 and the dates and locations of the member's
     9  employment.
    10    § 5. Section 512 of the education law  is  amended  by  adding  a  new
    11  subdivision h to read as follows:
    12    h.    1. Notwithstanding any other provision of this article or of any
    13  general, special or local law to the contrary, except  for  purposes  of
    14  the workers' compensation law and the labor law, where:
    15    (A) a member reported in person to such member's usual place of public
    16  employment  at  the direction of such member's public employer or to any
    17  alternate worksite as directed by such  public  employer,  on  or  after
    18  March  first, two thousand twenty, provided that such alternate worksite
    19  was not such member's home or residence;
    20    (B) such member contracted COVID-19,  including  but  not  limited  to
    21  coronavirus,  COVID, or SARS-CoV2, or equivalent, within forty-five days
    22  after reporting to work as described in subparagraph (A) of  this  para-
    23  graph  as confirmed by a positive laboratory test or as diagnosed before
    24  or after such member's death by a  licensed,  certified,  registered  or
    25  authorized  health  care  practitioner  currently in good standing, or a
    26  health care practitioner  authorized  to  practice  by  executive  order
    27  during the declared COVID-19 state of emergency; and
    28    (C)  COVID-19  caused  or contributed to such member's death, as docu-
    29  mented on such member's death certificate, or as determined by a  health
    30  care  practitioner described in subparagraph (B) of this paragraph, such
    31  member shall be deemed to have died as a natural and proximate result of
    32  an accident sustained in the performance of duty and not as a result  of
    33  willful  negligence  on  their  part,  unless  the contrary be proved by
    34  competent evidence.
    35    2. Any amount payable as a result of this section shall be reduced  by
    36  any  amount  paid by such member's retirement system to any recipient of
    37  ordinary death benefits under this article.
    38    3. (A) Notwithstanding any provision of this article or of any  gener-
    39  al, special or local law to the contrary, but except for the purposes of
    40  the workers' compensation law and the labor law, where a member:
    41    (i) retired from his or her retirement system on or after March first,
    42  two thousand twenty, and before the effective date of the chapter of the
    43  laws of two thousand twenty that added this subdivision;
    44    (ii)  on or after March first, two thousand twenty, reported in person
    45  to such member's usual place of public employment at  the  direction  of
    46  such  member's  public employer or to any alternate worksite as directed
    47  by such public employer, provided that such alternate worksite  was  not
    48  such member's home or residence;
    49    (iii)  contracted  COVID-19 within forty-five days after any such date
    50  of reporting to work in person, as confirmed by  a  positive  laboratory
    51  test  or as diagnosed before or after such member's death by a licensed,
    52  certified, registered or authorized health care  practitioner  currently
    53  in  good  standing, or a health care practitioner authorized to practice
    54  by executive order during the declared COVID-19 state of emergency; and
    55    (iv) COVID-19 caused or contributed to such member's death,  as  docu-
    56  mented  on such member's death certificate, or as determined by a health

        A. 10523                            8

     1  care practitioner described in clause (iii) of this  subparagraph,  such
     2  member shall be deemed to have died as a natural and proximate result of
     3  an  accident sustained in the performance of duty and not as a result of
     4  willful  negligence on his or her part, unless the contrary be proved by
     5  competent evidence.
     6    (B) Such member's statutory beneficiary, as defined under  this  arti-
     7  cle,  for  purposes  of  accidental  death  benefits  payable  from such
     8  member's retirement system under this article, may, within  ninety  days
     9  of  the effective date of the chapter of the laws of two thousand twenty
    10  that added this subdivision, apply to such member's retirement system to
    11  request the conversion of such member's service or disability retirement
    12  benefit into an accidental death benefit. For  purposes  of  the  salary
    13  base  upon which the accidental death benefit is calculated, such member
    14  shall be deemed to have died on the date of such member's retirement. At
    15  the time of such conversion, such statutory beneficiary shall relinquish
    16  all rights to the prospective benefits  payable  under  the  service  or
    17  disability retirement statute, including any post-retirement death bene-
    18  fits, since such member's death. If the statutory beneficiary is not the
    19  only  beneficiary  receiving  or entitled to receive a benefit under the
    20  service or disability retirement statute, including, but not limited to,
    21  a post-retirement death benefit or benefit paid or payable  pursuant  to
    22  the  member's option selection, the accidental death benefit payments to
    23  the statutory beneficiary will be reduced by any amounts paid or payable
    24  to any other statutory beneficiary.
    25    4. In order to be eligible  for  the  presumption  described  in  this
    26  subdivision,  the applicable retirement system or systems are authorized
    27  to promulgate rules and regulations to administer this  benefit  includ-
    28  ing,  but  not  limited to, requiring a statement to be filed confirming
    29  the member contracted COVID-19  and  the  dates  and  locations  of  the
    30  member's employment.
    31    §  6.  Section  2575  of  the education law is amended by adding a new
    32  subdivision 26 to read as follows:
    33    26.  (a) Notwithstanding any other provision of this article or of any
    34  general, special or local law to the contrary, except  for  purposes  of
    35  the workers' compensation law and the labor law, where:
    36    (i) 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    (ii) such member contracted COVID-19, including  but  not  limited  to
    42  coronavirus,  COVID, or SARS-CoV2, or equivalent, within forty-five days
    43  after reporting to work as described in subparagraph (i) of  this  para-
    44  graph  as confirmed by a positive laboratory test or as diagnosed before
    45  or after such member's death by a  licensed,  certified,  registered  or
    46  authorized  health  care  practitioner  currently in good standing, or a
    47  health care practitioner  authorized  to  practice  by  executive  order
    48  during the declared COVID-19 state of emergency; and
    49    (iii)  COVID-19 caused or contributed to such member's death, as docu-
    50  mented on such member's death certificate, or as determined by a  health
    51  care practitioner described in subparagraph (ii) of this paragraph, such
    52  member shall be deemed to have died as a natural and proximate result of
    53  an  accident sustained in the performance of duty and not as a result of
    54  willful negligence on their part,  unless  the  contrary  be  proved  by
    55  competent evidence.

        A. 10523                            9

     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, but except for the purposes of
     6  the workers' compensation law and the labor law, where a member:
     7    (1) retired from his or her retirement system on or after March first,
     8  two thousand twenty, and before the effective date of the chapter of the
     9  laws of two thousand twenty that added this subdivision;
    10    (2)  on  or after March first, two thousand twenty, reported in person
    11  to such member's usual place of public employment at  the  direction  of
    12  such  member's  public employer or to any alternate worksite as directed
    13  by such public employer, provided that such alternate worksite  was  not
    14  such member's home or residence;
    15    (3)  contracted COVID-19 within forty-five days after any such date of
    16  reporting to work in person, as confirmed by a positive laboratory  test
    17  or  as  diagnosed  before  or  after  such member's death by a licensed,
    18  certified, registered or authorized health care  practitioner  currently
    19  in  good  standing, or a health care practitioner authorized to practice
    20  by executive order during the declared COVID-19 state of emergency; and
    21    (4) COVID-19 caused or contributed to such member's  death,  as  docu-
    22  mented  on such member's death certificate, or as determined by a health
    23  care practitioner described in clause three of this  subparagraph,  such
    24  member shall be deemed to have died as a natural and proximate result of
    25  an  accident sustained in the performance of duty and not as a result of
    26  willful negligence on his or her part, unless the contrary be proved  by
    27  competent evidence.
    28    (ii)  Such  member's  statutory  beneficiary,  as  defined  under this
    29  section, for purposes of accidental death  benefits  payable  from  such
    30  member's  retirement  system under this section, may, within ninety days
    31  of the effective date of the chapter of the laws of two thousand  twenty
    32  that added this subdivision, apply to such member's retirement system to
    33  request the conversion of such member's service or disability retirement
    34  benefit  into  an  accidental  death benefit. For purposes of the salary
    35  base upon which the accidental death benefit is calculated, such  member
    36  shall be deemed to have died on the date of such member's retirement. At
    37  the time of such conversion, such statutory beneficiary shall relinquish
    38  all  rights  to  the  prospective  benefits payable under the service or
    39  disability retirement statute, including any post-retirement death bene-
    40  fits, since such member's death. If the statutory beneficiary is not the
    41  only beneficiary receiving or entitled to receive a  benefit  under  the
    42  service or disability retirement statute, including, but not limited to,
    43  a  post-retirement  death benefit or benefit paid or payable pursuant to
    44  the member's option selection, the accidental death benefit payments  to
    45  the statutory beneficiary will be reduced by any amounts paid or payable
    46  to any other statutory beneficiary.
    47    (d)  In  order  to  be  eligible for the presumption described in this
    48  subdivision, the applicable retirement system or systems are  authorized
    49  to  promulgate  rules and regulations to administer this benefit includ-
    50  ing, but not limited to, requiring a statement to  be  filed  confirming
    51  the  member  contracted  COVID-19  and  the  dates  and locations of the
    52  member's employment.
    53    § 7. Section 1266-h of the public authorities law is amended by adding
    54  a new subdivision 8 to read as follows:

        A. 10523                           10

     1    8. (a) Notwithstanding any other provision of this section or  of  any
     2  general,  special  or  local law to the contrary, except for purposes of
     3  the workers' compensation law and the labor law, where:
     4    (i) a member reported in person to such member's usual place of public
     5  employment  at  the direction of such member's public employer or to any
     6  alternate worksite as directed by such  public  employer,  on  or  after
     7  March  first, two thousand twenty, provided that such alternate worksite
     8  was not such member's home or residence;
     9    (ii) such member contracted COVID-19, including  but  not  limited  to
    10  coronavirus,  COVID,  or SARS-CoV2, or the equivalent, within forty-five
    11  days after reporting to work pursuant to subparagraph (i) of this  para-
    12  graph, as confirmed by a positive laboratory test or as diagnosed before
    13  or  after  such  member's  death by a licensed, certified, registered or
    14  authorized health care practitioner currently in  good  standing,  or  a
    15  health  care  practitioner  authorized  to  practice  by executive order
    16  during the declared COVID-19 state of emergency; and
    17    (iii) COVID-19 caused or contributed to such member's death, as  docu-
    18  mented  on such member's death certificate, or as determined by a health
    19  care practitioner described in subparagraph (ii) of this paragraph, such
    20  member shall be deemed to have died as a natural and proximate result of
    21  an accident sustained in the performance of duty and not as a result  of
    22  willful  negligence  on  their  part,  unless  the contrary be proved by
    23  competent evidence.
    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 pursuant to this section.
    27    (c)  Notwithstanding  any provision of this section or of any general,
    28  special or local law to the contrary, but except for the purposes of the
    29  workers' compensation law and the labor law, where a member:
    30    (1) retired from his or her retirement system on or after March first,
    31  two thousand twenty, and before the date on which  the  chapter  of  the
    32  laws of two thousand twenty which added this subdivision became a law;
    33    (2)  on  or after March first, two thousand twenty, reported in person
    34  to such member's usual place of public employment at  the  direction  of
    35  such  member's  public employer or to any alternate worksite as directed
    36  by such public employer, provided that such alternate worksite  was  not
    37  such member's home or residence;
    38    (3)  contracted COVID-19 within forty-five days after any such date of
    39  reporting to work in person, as confirmed by a positive laboratory  test
    40  or  as  diagnosed  before  or  after  such member's death by a licensed,
    41  certified, registered or authorized health care  practitioner  currently
    42  in  good  standing, or a health care practitioner authorized to practice
    43  by executive order during the declared COVID-19 state of emergency; and
    44    (4) COVID-19 caused or contributed to such member's  death,  as  docu-
    45  mented  on such member's death certificate, or as determined by a health
    46  care practitioner described in subparagraph  three  of  this  paragraph,
    47  such  member  shall  be  deemed  to have died as a natural and proximate
    48  result of an accident sustained in the performance of duty and not as  a
    49  result  of willful negligence on his or her part, unless the contrary be
    50  proved by competent evidence.
    51    (d) Such member's statutory beneficiary, as defined pursuant  to  this
    52  section,  for  purposes  of  accidental death benefits payable from such
    53  member's retirement system under this section, may, within  ninety  days
    54  of  the effective date of the chapter of the laws of two thousand twenty
    55  which added this subdivision, apply to such member's  retirement  system
    56  to request the conversion of such member's service or disability retire-

        A. 10523                           11

     1  ment benefit into an accidental death benefit. For purposes of the sala-
     2  ry  base  upon  which  the  accidental death benefit is calculated, such
     3  member shall be deemed to have died on the date of such member's retire-
     4  ment.  At  the time of such conversion, such statutory beneficiary shall
     5  relinquish all rights to the  prospective  benefits  payable  under  the
     6  service  or disability retirement statute, including any post-retirement
     7  death benefits, since such member's death. If the statutory  beneficiary
     8  is  not  the only beneficiary receiving or entitled to receive a benefit
     9  under the service or disability retirement statute  including,  but  not
    10  limited  to,  a post-retirement death benefit or benefit paid or payable
    11  pursuant to the member's option selection, the accidental death  benefit
    12  payments  to  the  statutory  beneficiary will be reduced by any amounts
    13  paid or payable to any other statutory beneficiary.
    14    (e) In order to be eligible for  the  presumption  described  in  this
    15  subdivision,  the applicable retirement system or systems are authorized
    16  to promulgate rules and regulations to administer this  benefit  includ-
    17  ing,  but  not  limited to, requiring a statement to be filed confirming
    18  the member contracted COVID-19 and  the  dates  and  locations  of  such
    19  member's employment.
    20    §  8.  The  administrative  code of the city of New York is amended by
    21  adding a new section 13-149.1 to read as follows:
    22    §  13-149.1  COVID-19  presumption.    1.  Notwithstanding  any  other
    23  provision  of  this title or of any general, special or local law to the
    24  contrary, except for purposes of the workers' compensation law  and  the
    25  labor law, where:
    26    (a) a member reported in person to such member's usual place of public
    27  employment  at  the direction of such member's public employer or to any
    28  alternate worksite as directed by such  public  employer,  on  or  after
    29  March  first, two thousand twenty, provided that such alternate worksite
    30  was not such member's home or residence;
    31    (b) such member contracted COVID-19,  including  but  not  limited  to
    32  coronavirus,  COVID, or SARS-CoV2, or equivalent, within forty-five days
    33  after reporting to work as described in paragraph (a) of  this  subdivi-
    34  sion,  as confirmed by a positive laboratory test or as diagnosed before
    35  or after such member's death by a  licensed,  certified,  registered  or
    36  authorized  health  care  practitioner  currently in good standing, or a
    37  health care practitioner  authorized  to  practice  by  executive  order
    38  during the declared COVID-19 state of emergency; and
    39    (c)  COVID-19  caused  or contributed to such member's death, as docu-
    40  mented on such member's death certificate, or as determined by a  health
    41  care  practitioner  described in paragraph (b) of this subdivision, such
    42  member shall be deemed to have died as a natural and proximate result of
    43  an accident sustained in the performance of duty and not as a result  of
    44  willful  negligence  on  their  part,  unless  the contrary be proved by
    45  competent evidence.
    46    2. Any amount payable as a result of this title shall  be  reduced  by
    47  any  amount  paid by such member's retirement system to any recipient of
    48  ordinary death benefits under this title.
    49    3. Notwithstanding any provision of this  title  or  of  any  general,
    50  special or local law to the contrary, but except for the purposes of the
    51  workers' compensation law and the labor law, where a member:
    52    (a) retired from his or her retirement system on or after March first,
    53  two thousand twenty, and before the effective date of the chapter of the
    54  laws of two thousand twenty which added this section;
    55    (b)  on  or after March first, two thousand twenty, reported in person
    56  to such member's usual place of public employment at  the  direction  of

        A. 10523                           12

     1  such  member's  public employer or to any alternate worksite as directed
     2  by such public employer, provided that such alternate worksite  was  not
     3  such member's home or residence;
     4    (c)  contracted COVID-19 within forty-five days after any such date of
     5  reporting to work in person, as confirmed by a positive laboratory  test
     6  or  as  diagnosed  before  or  after  such member's death by a licensed,
     7  certified, registered or authorized health care  practitioner  currently
     8  in  good  standing, or a health care practitioner authorized to practice
     9  by executive order during the declared COVID-19 state of emergency; and
    10    (d) COVID-19 caused or contributed to such member's  death,  as  docu-
    11  mented  on such member's death certificate, or as determined by a health
    12  care practitioner described in paragraph (c) of this  subdivision,  such
    13  member shall be deemed to have died as a natural and proximate result of
    14  an  accident sustained in the performance of duty and not as a result of
    15  willful negligence on his or her part, unless the contrary be proved  by
    16  competent evidence.
    17    4.  Such  member's  statutory beneficiary, as defined pursuant to this
    18  title, for purposes of  accidental  death  benefits  payable  from  such
    19  member's  retirement system under this title, may, within ninety days of
    20  the effective date of the chapter of the laws  of  two  thousand  twenty
    21  which  added  this  section, apply to such member's retirement system to
    22  request the conversion of such member's service or disability retirement
    23  benefit into an accidental death benefit. For  purposes  of  the  salary
    24  base  upon which the accidental death benefit is calculated, such member
    25  shall be deemed to have died on the date of such member's retirement. At
    26  the time of such conversion, such statutory beneficiary shall relinquish
    27  all rights to the prospective benefits  payable  under  the  service  or
    28  disability retirement statute, including any post-retirement death bene-
    29  fits, since such member's death. If the statutory beneficiary is not the
    30  only  beneficiary  receiving  or entitled to receive a benefit under the
    31  service or disability retirement statute including, but not limited  to,
    32  a  post-retirement  death benefit or benefit paid or payable pursuant to
    33  the member's option selection, the accidental death benefit payments  to
    34  the statutory beneficiary will be reduced by any amounts paid or payable
    35  to any other statutory beneficiary.
    36    5.  In  order  to  be  eligible  for the presumption described in this
    37  title, the applicable retirement system or  systems  are  authorized  to
    38  promulgate  rules  and regulations to administer this benefit including,
    39  but not limited to, requiring a statement to  be  filed  confirming  the
    40  member  contracted COVID-19 and the dates and locations of such member's
    41  employment.
    42    § 9. The administrative code of the city of New  York  is  amended  by
    43  adding a new section 13-244.1 to read as follows:
    44    §  13-244.1  COVID-19  presumption.    1.  Notwithstanding  any  other
    45  provision of this title or of any general, special or local law  to  the
    46  contrary,  except  for purposes of the workers' compensation law and the
    47  labor law, where:
    48    (a) a member reported in person to such member's usual place of public
    49  employment at the direction of such member's public employer or  to  any
    50  alternate  worksite  as  directed  by  such public employer, on or after
    51  March first, two thousand twenty, provided that such alternate  worksite
    52  was not such member's home or residence;
    53    (b)  such  member  contracted  COVID-19,  including but not limited to
    54  coronavirus, COVID, or SARS-CoV2, or equivalent, within forty-five  days
    55  after  reporting  to work as described in paragraph (a) of this subdivi-
    56  sion, as confirmed by a positive laboratory test or as diagnosed  before

        A. 10523                           13

     1  or  after  such  member's  death by a licensed, certified, registered or
     2  authorized health care practitioner currently in  good  standing,  or  a
     3  health  care  practitioner  authorized  to  practice  by executive order
     4  during the declared COVID-19 state of emergency; and
     5    (c)  COVID-19  caused  or contributed to such member's death, as docu-
     6  mented on such member's death certificate, or as determined by a  health
     7  care  practitioner  described in paragraph (b) of this subdivision, such
     8  member shall be deemed to have died as a natural and proximate result of
     9  an accident sustained in the performance of duty and not as a result  of
    10  willful  negligence  on  their  part,  unless  the contrary be proved by
    11  competent evidence.
    12    2. Any amount payable as a result of this title shall  be  reduced  by
    13  any  amount  paid by such member's retirement system to any recipient of
    14  ordinary death benefits under this title.
    15    3. Notwithstanding any provision of this  title  or  of  any  general,
    16  special or local law to the contrary, but except for the purposes of the
    17  workers' compensation law and the labor law, where a member:
    18    (a) retired from his or her retirement system on or after March first,
    19  two thousand twenty, and before the effective date of the chapter of the
    20  laws of two thousand twenty which added this section;
    21    (b)  on  or after March first, two thousand twenty, reported in person
    22  to such member's usual place of public employment at  the  direction  of
    23  such  member's  public employer or to any alternate worksite as directed
    24  by such public employer, provided that such alternate worksite  was  not
    25  such member's home or residence;
    26    (c)  contracted COVID-19 within forty-five days after any such date of
    27  reporting to work in person, as confirmed by a positive laboratory  test
    28  or  as  diagnosed  before  or  after  such member's death by a licensed,
    29  certified, registered or authorized health care  practitioner  currently
    30  in  good  standing, or a health care practitioner authorized to practice
    31  by executive order during the declared COVID-19 state of emergency; and
    32    (d) COVID-19 caused or contributed to such member's  death,  as  docu-
    33  mented  on such member's death certificate, or as determined by a health
    34  care practitioner described in paragraph (c) of this  subdivision,  such
    35  member shall be deemed to have died as a natural and proximate result of
    36  an  accident sustained in the performance of duty and not as a result of
    37  willful negligence on his or her part, unless the contrary be proved  by
    38  competent evidence.
    39    4.  Such  member's  statutory beneficiary, as defined pursuant to this
    40  title, for purposes of  accidental  death  benefits  payable  from  such
    41  member's  retirement system under this title, may, within ninety days of
    42  the effective date of the chapter of the laws  of  two  thousand  twenty
    43  which  added  this  section, apply to such member's retirement system to
    44  request the conversion of such member's service or disability retirement
    45  benefit into an accidental death benefit. For  purposes  of  the  salary
    46  base  upon which the accidental death benefit is calculated, such member
    47  shall be deemed to have died on the date of such member's retirement. At
    48  the time of such conversion, such statutory beneficiary shall relinquish
    49  all rights to the prospective benefits  payable  under  the  service  or
    50  disability retirement statute, including any post-retirement death bene-
    51  fits, since such member's death. If the statutory beneficiary is not the
    52  only  beneficiary  receiving  or entitled to receive a benefit under the
    53  service or disability retirement statute including, but not limited  to,
    54  a  post-retirement  death benefit or benefit paid or payable pursuant to
    55  the member's option selection, the accidental death benefit payments  to

        A. 10523                           14

     1  the statutory beneficiary will be reduced by any amounts paid or payable
     2  to any other statutory beneficiary.
     3    5.  In  order  to  be  eligible  for the presumption described in this
     4  title, the applicable retirement system or  systems  are  authorized  to
     5  promulgate  rules  and regulations to administer this benefit including,
     6  but not limited to, requiring a statement to  be  filed  confirming  the
     7  member  contracted COVID-19 and the dates and locations of such member's
     8  employment.
     9    § 10. The administrative code of the city of New York  is  amended  by
    10  adding a new section 13-347.1 to read as follows:
    11    §  13-347.1  COVID-19  presumption.    1.  Notwithstanding  any  other
    12  provision of this title or of any general, special or local law  to  the
    13  contrary,  except  for purposes of the workers' compensation law and the
    14  labor law, where:
    15    (a) a member reported in person to such member's usual place of public
    16  employment at the direction of such member's public employer or  to  any
    17  alternate  worksite  as  directed  by  such public employer, on or after
    18  March first, two thousand twenty, provided that such alternate  worksite
    19  was not such member's home or residence;
    20    (b)  such  member  contracted  COVID-19,  including but not limited to
    21  coronavirus, COVID, or SARS-CoV2, or equivalent, within forty-five  days
    22  after  reporting  to work as described in paragraph (a) of this subdivi-
    23  sion, as confirmed by a positive laboratory test or as diagnosed  before
    24  or  after  such  member's  death by a licensed, certified, registered or
    25  authorized health care practitioner currently in  good  standing,  or  a
    26  health  care  practitioner  authorized  to  practice  by executive order
    27  during the declared COVID-19 state of emergency; and
    28    (c) COVID-19 caused or contributed to such member's  death,  as  docu-
    29  mented  on such member's death certificate, or as determined by a health
    30  care practitioner described in paragraph (b) of this  subdivision,  such
    31  member shall be deemed to have died as a natural and proximate result of
    32  an  accident sustained in the performance of duty and not as a result of
    33  willful negligence on their part,  unless  the  contrary  be  proved  by
    34  competent evidence.
    35    2.  Any  amount  payable as a result of this title shall be reduced by
    36  any amount paid by such member's retirement system to any  recipient  of
    37  ordinary death benefits under this title.
    38    3.  Notwithstanding  any  provision  of  this title or of any general,
    39  special or local law to the contrary, but except for the purposes of the
    40  workers' compensation law and the labor law, where a member:
    41    (a) retired from his or her retirement system on or after March first,
    42  two thousand twenty, and before the effective date of the chapter of the
    43  laws of two thousand twenty which added this section;
    44    (b) on or after March first, two thousand twenty, reported  in  person
    45  to  such  member's  usual place of public employment at the direction of
    46  such member's public employer or to any alternate worksite  as  directed
    47  by  such  public employer, provided that such alternate worksite was not
    48  such member's home or residence;
    49    (c) contracted COVID-19 within forty-five days after any such date  of
    50  reporting  to work in person, as confirmed by a positive laboratory test
    51  or as diagnosed before or after  such  member's  death  by  a  licensed,
    52  certified,  registered  or authorized health care practitioner currently
    53  in good standing, or a health care practitioner authorized  to  practice
    54  by executive order during the declared COVID-19 state of emergency; and
    55    (d)  COVID-19  caused  or contributed to such member's death, as docu-
    56  mented on such member's death certificate, or as determined by a  health

        A. 10523                           15

     1  care  practitioner  described in paragraph (c) of this subdivision, such
     2  member shall be deemed to have died as a natural and proximate result of
     3  an accident sustained in the performance of duty and not as a result  of
     4  willful  negligence on his or her part, unless the contrary be proved by
     5  competent evidence.
     6    4. Such member's statutory beneficiary, as defined  pursuant  to  this
     7  title,  for  purposes  of  accidental  death  benefits payable from such
     8  member's retirement system under this title, may, within ninety days  of
     9  the  effective  date  of  the chapter of the laws of two thousand twenty
    10  which added this section, apply to such member's  retirement  system  to
    11  request the conversion of such member's service or disability retirement
    12  benefit  into  an  accidental  death benefit. For purposes of the salary
    13  base upon which the accidental death benefit is calculated, such  member
    14  shall be deemed to have died on the date of such member's retirement. At
    15  the time of such conversion, such statutory beneficiary shall relinquish
    16  all  rights  to  the  prospective  benefits payable under the service or
    17  disability retirement statute, including any post-retirement death bene-
    18  fits, since such member's death. If the statutory beneficiary is not the
    19  only beneficiary receiving or entitled to receive a  benefit  under  the
    20  service  or disability retirement statute including, but not limited to,
    21  a post-retirement death benefit or benefit paid or payable  pursuant  to
    22  the  member's option selection, the accidental death benefit payments to
    23  the statutory beneficiary will be reduced by any amounts paid or payable
    24  to any other statutory beneficiary.
    25    5. In order to be eligible  for  the  presumption  described  in  this
    26  title,  the  applicable  retirement  system or systems are authorized to
    27  promulgate rules and regulations to administer this  benefit  including,
    28  but  not  limited  to,  requiring a statement to be filed confirming the
    29  member contracted COVID-19 and the dates and locations of such  member's
    30  employment.
    31    §  11.  The  administrative code of the city of New York is amended by
    32  adding a new section 13-544.1 to read as follows:
    33    §  13-544.1  COVID-19  presumption.    1.  Notwithstanding  any  other
    34  provision  of  this title or of any general, special or local law to the
    35  contrary, except for purposes of the workers' compensation law  and  the
    36  labor law, where:
    37    (a) a member reported in person to such member's usual place of public
    38  employment  at  the direction of such member's public employer or to any
    39  alternate worksite as directed by such  public  employer,  on  or  after
    40  March  first, two thousand twenty, provided that such alternate worksite
    41  was not such member's home or residence;
    42    (b) such member contracted COVID-19,  including  but  not  limited  to
    43  coronavirus,  COVID, or SARS-CoV2, or equivalent, within forty-five days
    44  after reporting to work as described in paragraph (a) of  this  subdivi-
    45  sion,  as confirmed by a positive laboratory test or as diagnosed before
    46  or after such member's death by a  licensed,  certified,  registered  or
    47  authorized  health  care  practitioner  currently in good standing, or a
    48  health care practitioner  authorized  to  practice  by  executive  order
    49  during the declared COVID-19 state of emergency; and
    50    (c)  COVID-19  caused  or contributed to such member's death, as docu-
    51  mented on such member's death certificate, or as determined by a  health
    52  care  practitioner  described in paragraph (b) of this subdivision, such
    53  member shall be deemed to have died as a natural and proximate result of
    54  an accident sustained in the performance of duty and not as a result  of
    55  willful  negligence  on  their  part,  unless  the contrary be proved by
    56  competent evidence.

        A. 10523                           16

     1    2. Any amount payable as a result of this title shall  be  reduced  by
     2  any  amount  paid by such member's retirement system to any recipient of
     3  ordinary death benefits under this title.
     4    3.  Notwithstanding  any  provision  of  this title or of any general,
     5  special or local law to the contrary, but except for the purposes of the
     6  workers' compensation law and the labor law, where a member:
     7    (a) retired from his or her retirement system on or after March first,
     8  two thousand twenty, and before the effective date of the chapter of the
     9  laws of two thousand twenty which added this section;
    10    (b) on or after March first, two thousand twenty, reported  in  person
    11  to  such  member's  usual place of public employment at the direction of
    12  such member's public employer or to any alternate worksite  as  directed
    13  by  such  public employer, provided that such alternate worksite was not
    14  such member's home or residence;
    15    (c) contracted COVID-19 within forty-five days after any such date  of
    16  reporting  to work in person, as confirmed by a positive laboratory test
    17  or as diagnosed before or after  such  member's  death  by  a  licensed,
    18  certified,  registered  or authorized health care practitioner currently
    19  in good standing, or a health care practitioner authorized  to  practice
    20  by executive order during the declared COVID-19 state of emergency; and
    21    (d)  COVID-19  caused  or contributed to such member's death, as docu-
    22  mented on such member's death certificate, or as determined by a  health
    23  care  practitioner  described in paragraph (c) of this subdivision, such
    24  member shall be deemed to have died as a natural and proximate result of
    25  an accident sustained in the performance of duty and not as a result  of
    26  willful  negligence on his or her part, unless the contrary be proved by
    27  competent evidence.
    28    4. Such member's statutory beneficiary, as defined  pursuant  to  this
    29  title,  for  purposes  of  accidental  death  benefits payable from such
    30  member's retirement system under this title, may, within ninety days  of
    31  the  effective  date  of  the chapter of the laws of two thousand twenty
    32  which added this section, apply to such member's  retirement  system  to
    33  request the conversion of such member's service or disability retirement
    34  benefit  into  an  accidental  death benefit. For purposes of the salary
    35  base upon which the accidental death benefit is calculated, such  member
    36  shall be deemed to have died on the date of such member's retirement. At
    37  the time of such conversion, such statutory beneficiary shall relinquish
    38  all  rights  to  the  prospective  benefits payable under the service or
    39  disability retirement statute, including any post-retirement death bene-
    40  fits, since such member's death. If the statutory beneficiary is not the
    41  only beneficiary receiving or entitled to receive a  benefit  under  the
    42  service  or disability retirement statute including, but not limited to,
    43  a post-retirement death benefit or benefit paid or payable  pursuant  to
    44  the  member's option selection, the accidental death benefit payments to
    45  the statutory beneficiary will be reduced by any amounts paid or payable
    46  to any other statutory beneficiary.
    47    5. In order to be eligible  for  the  presumption  described  in  this
    48  title,  the  applicable  retirement  system or systems are authorized to
    49  promulgate rules and regulations to administer this  benefit  including,
    50  but  not  limited  to,  requiring a statement to be filed confirming the
    51  member contracted COVID-19 and the dates and locations of such  member's
    52  employment.
    53    §  12. The heads and boards of the retirement systems described herein
    54  are hereby authorized to promulgate rules and regulations  to  implement
    55  the  provisions of this act, including guidance on what shall constitute

        A. 10523                           17

     1  a positive diagnosis of COVID-19 from a health care professional in  the
     2  absence of a laboratory test.
     3    § 13. Notwithstanding any other provision of law to the contrary, none
     4  of  the  provisions  of  this  act shall be subject to section 25 of the
     5  retirement and social security law.
     6    § 14. This act shall take effect immediately and shall  be  deemed  to
     7  have  been in full force and effect on and after March 1, 2020; provided
     8  that the provisions of this act shall expire and be deemed repealed upon
     9  the later of December 31, 2020 or the expiration of the  declared  state
    10  of emergency relating to the novel coronavirus (COVID-19); and provided,
    11  further,  that the superintendent of financial services shall notify the
    12  legislative bill drafting commission upon occurrence of  the  expiration
    13  of  the  state disaster emergency declared by executive order number 202
    14  and any further amendments or  modifications,  and  as  may  be  further
    15  extended  pursuant to section 28 of the executive law, in order that the
    16  commission may maintain an accurate and timely effective  data  base  of
    17  the official text of the laws of the state of New York in furtherance of
    18  effectuating  the  provisions  of  section 44 of the legislative law and
    19  section 70-b of the public officers law.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would allow any member of a public retirement system who
          a. physically reported for work on or after March 1, 2020, and
          b. contracted COVID-19 on or after March 1, 2020 and  died  from  such
        disease
          to be deemed to have died as the result of an accident incurred in the
        performance  and  discharge  of  duty,  unless the contrary be proven by
        competent evidence. This presumption would remain  until  the  later  of
        December  31,  2020  and  the date of expiration of the present state of
        emergency.
          The accidental death benefit would  be  based  on  the  member's  plan
        coverage.  This bill also would create benefits payable under the Public
        Authorities Law.
          Insofar as this bill will affect the New York State and Local  Employ-
        ees' Retirement System (ERS) and the New York State and Local Police and
        Fire Retirement System (PFRS), qualifying COVID-19 deaths which current-
        ly  are considered ordinary deaths will be treated as accidental deaths.
        The cost of the proposed benefit will depend upon the  applicant's  age,
        service, salary, plan, and benefit type otherwise payable.

           Service Retirement Eligible:           Yes                 No
            PFRS benefit increase/cost:     8 times salary      13 times salary
             ERS benefit increase/cost:    3.5 times salary    3.5 times salary

          The number of members who could be affected by this legislation cannot
        be  readily  determined.  However,  all  of ERS and PFRS members will be
        covered and eligible for these benefits, including new hires through the
        expiration of the coverage provided under this  legislation.  All  costs
        incurred in the PFRS will be shared by the State of New York and all the
        participating  employers in the PFRS. All costs incurred in the ERS will
        be shared by the State of New York and all the  participating  employers
        in the ERS.
          In addition to these per person costs, there would be annual increases
        in  administrative  and  legal costs to implement the provisions of this
        legislation.
          Summary of relevant resources:

        A. 10523                           18

          The membership data used in  measuring  the  impact  of  the  proposed
        change  was  the same as that used in the March 31, 2019 actuarial valu-
        ation.  Distributions and other statistics can  be  found  in  the  2019
        Report  of  the  Actuary  and  the  2019  Comprehensive Annual Financial
        Report.
          The  actuarial assumptions and methods used are described in the 2015,
        2016, 2017, 2018, and 2019 Annual Report to the Comptroller on Actuarial
        Assumptions, and the Codes, Rules and Regulations of the  State  of  New
        York: Audit and Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2019
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This fiscal note does not constitute a legal opinion on the  viability
        of  the  proposed change nor is it intended to serve as a substitute for
        the professional judgment of an attorney.
          This estimate, dated May 24, 2020, and intended for  use  only  during
        the  2020  Legislative Session, is Fiscal Note No. 2020-118, prepared by
        the Actuary for the New York State and Local Retirement System.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would amend sections of the Education Law and the Retirement
        and Social Security Law to provide an  enhanced  death  benefit  to  the
        beneficiary  of  an  eligible  member  of  the  New York State Teachers'
        Retirement System (NYSTRS) who  died  due  to  contracting  COVID-19.  A
        member  must  have  reported  to  work  on  or  after March 1, 2020, and
        contracted COVID-19 within 45 days of reporting to work, and then either
        died due to COVID-19, or had COVID-19 as a contributing  factor  in  the
        member's death.  The member shall be deemed to have died in the perform-
        ance  of  duty,  and  their  beneficiary will be eligible to receive the
        accidental death benefit, consisting of a lifetime annuity of 50% of the
        member's most recent year's salary. If any ordinary  death  benefit  has
        already  been  paid  it will be used as an offset against the accidental
        death benefit. If a member retired on or after March 1, 2020 but  before
        the  date  this bill becomes a law, reported to work at the direction of
        such member's employer, contracted COVID-19 within 45 days of  reporting
        to  work,  and  then  either  died due to COVID-19, or had COVID-19 as a
        contributing factor in the retiree's death, the beneficiary may elect to
        convert the retirement benefit into an  accidental  death  benefit.  Any
        other  death  benefit  paid  will be used as an offset against the acci-
        dental death benefit.
          This act shall be deemed effective as of  March  1,  2020,  but  shall
        expire  and  be  deemed repealed upon the later of December 31, 2020 and
        the date the state of emergency related to COVID-19  shall  be  declared
        expired.
          Under  current  law  the  beneficiary  of an active member who dies in
        service with three or more years of service is generally eligible for  a
        benefit equal to three times the member's most recent year's salary.
          The  overall  cost  of  this  bill cannot be readily determined as the
        ultimate number of COVID-19 deaths cannot be determined at this time. It
        is estimated that it will provide on average an additional 3 to 4  times
        salary.  The  average  cost  per individual member impacted, however, in
        terms of additional present value of liability, is estimated as follows:

                            Member age 30:      $210,000
                            Member age 40:      $300,000

        A. 10523                           19

                            Member age 50:      $310,000

          Eligible  retirees:  Anticipated  overall  negligible cost, given that
        NYSTRS expects to receive no more than a handful of cases.
          The actual cost per member would be dependent on the member and  bene-
        ficiary's  age,  tier, years of service, and salary. The costs above are
        determined based on averages, so the actual cost for a member  could  be
        higher  or  lower.  The  cost for an eligible retiree could vary greatly
        depending upon the option chosen at retirement.
          Member data is from  the  System's  most  recent  actuarial  valuation
        files,  consisting  of  data provided by the employers to the Retirement
        System.  Data distributions and statistics can be found in the  System's
        Comprehensive  Annual  Financial  Report  (CAFR).  System  assets are as
        reported in the System's financial statements and can also be  found  in
        the CAFR. Actuarial assumptions and methods are provided in the System's
        Actuarial Valuation Report.
          The  source of this estimate is Fiscal Note 2020-28 dated May 25, 2020
        prepared by the Actuary of  the  New  York  State  Teachers'  Retirement
        System and is intended for use only during the 2020 Legislative Session.
        I,  Richard  A.  Young,  am the Actuary for the New York State Teachers'
        Retirement System. I am a member of the American  Academy  of  Actuaries
        and  I meet the Qualification Standards of the American Academy of Actu-
        aries to render the actuarial opinion contained herein.
          FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
          SUMMARY OF BILL: This  proposed  legislation  (see  Appendix),  as  it
        relates  to  the  New  York  City  Pension  Funds and Retirement Systems
        (NYCRS)I-,would add new Sections to the Retirement and  Social  Security
        Law (RSSL), the Administrative Code of the City of New York (ACCNY), and
        the  Education  Law to provide a statutory presumption to members of the
        NYCRS who physically reported to non-home work sites as of March 1, 2020
        and die due to Coronavirus Disease 2019 (COVID-19) that was demonstrata-
        ble contracted within 45 days of such reporting to work.
          Deceased members, including those who retired between  March  1,  2020
        and  the effective date of this bill, who meet the enumerated qualifica-
        tions would be provided with a  rebuttable  statutory  presumption  that
        their  condition  was  caused  by  an  accidental  event incurred in the
        performance of duty and not the result of willful negligence. An  eligi-
        ble  beneficiary  would  be  entitled to the applicable Accidental Death
        Benefit, less any other benefits paid or payable.
          In determining whether Accidental Death Benefits should be awarded,  a
        death  certificate  with  such  cause  coupled  with a positive test for
        COVID-19 or a diagnosis of  such  condition  from  a  qualified  medical
        provider,  within  the designated period, would be presumptive evidence,
        absent competent evidence to the contrary, that such death was result of
        the performance and discharge of duty. The statutory  presumption  would
        relieve  eligible  beneficiaries  of  demonstrating  that deceased NYCRS
        members were accidentally exposed to COVID-19, or to individuals who may
        have been positive for such condition, while performing official duties.
          Effective Date: Upon enactment, and  retroactive  to  March  1,  2020,
        except  that  the provisions would expire upon the later of December 31,
        2020 and the date of the expiration  of  the  state  disaster  emergency
        declared by the Governor in executive order number 202.
          IMPACT  ON BENEFITS PAYABLE: Under the proposed legislation, the bene-
        fits payable to beneficiaries of active members of NYCRS who die due  to
        COVID-19  would be revised from a lump sum Ordinary Death Benefit gener-
        ally equal to three times a member's last salary  to  a  lifetime  Acci-

        A. 10523                           20

        dental  Death  Benefit  equal  to  50%  of  FAS plus, if applicable, the
        Special Accidental Death Benefit payable  under  General  Municipal  Law
        section  208-f.  Accidental Death Benefits, less any other benefits paid
        or  payable,  are  also  payable  to  beneficiaries of those who retired
        between March 1, 2020 and the effective date of this bill and  died  due
        to  COVID-19.  Costs  for  these  retirees, due to the limited scope and
        unknown optional payments, are not included in this Fiscal Note.
          FINANCIAL IMPACT - OVERVIEW: There is no data  available  to  estimate
        the  number  of  members  who  might die due to COVID-19 and potentially
        benefit from this proposed legislation. Therefore, the estimated  finan-
        cial  impact  has  been  calculated  on  a  per event basis equal to the
        increase in the Present Value of Future Benefits (PVFB) for  an  average
        member who dies from COVID-19 and would benefit from the proposed legis-
        lation.
          With  respect  to  an  individual  member, the additional cost of this
        proposed legislation could vary greatly depending on the member's length
        of service, age, and salary history.
          FINANCIAL IMPACT - PRESENT VALUES: Based on the census  data  and  the
        actuarial  assumptions  and  methods  described herein, the enactment of
        this proposed legislation would result in an increase in PVFB. A  break-
        down  of  the  PVFB by System on average for each occurrence of death is
        shown in the table below.

                  Estimated Additional Present Value of Future Benefits
                                  due to COVID-19 Death

                  NYCERS   TRS       BERS      POLICE     FIRE       All Systems
        Age <40   $543,300 $326,200  $256,000  $1,926,300 $1,816,100 $731,600
        40<=Age    398,700  297,500   172,100   2,226,300  2,302,700  534,000
        <60
        Age >= 60  210,200  188,800   105,900   1,695,600  1,633,600  204,400

        All Ages  $406,700 $296,700  $171,800  $2,042,700 $2,055,400 $557,200

          FINANCIAL IMPACT - ANNUAL EMPLOYER CONTRIBUTIONS: Enactment of this
        proposed legislation would increase employer contributions, where such
        amount would depend on the number of members affected as well as other
        characteristics including the age, years of service, and salary history
        of the member.
          As there is no data currently available  to  estimate  the  number  of
        members  who  might  die  from  COVID-19,  the financial impact would be
        recognized at the time  of  event.  Consequently,  changes  in  employer
        contributions have been estimated assuming that the increase in the PVFB
        will  be financed over the same time period used for actuarial losses in
        accordance with Section 13-638.2(k-2) of the Administrative Code of  the
        City  of  New  York.   Using this approach, the additional PVFB would be
        amortized over a closed 15-year period (14 payments under  the  One-Year
        Lag Methodology) using level dollar payments.
          Based  on the Actuary's actuarial assumptions and methods in effect as
        of June 30, 2019, the enactment of this proposed  legislation  is  esti-
        mated  to  increase  annual  employer  contributions on average for each
        death benefit due to COVID-19 as shown in the table below.

                   Estimated Additional Annual Employer Contributions
                                  due to COVID-19 Death

        A. 10523                           21

                  NYCERS   TRS       BERS      POLICE     FIRE       All Systems
        Age <40   $64,300  $38,600   $30,300   $227,800   $214,800   $86,500
        40<=Age    47,200   35,200    20,400    263,300    272,400    63,200
        <60
        Age >= 60  24,900   22,300    12,500    200,600    193,200    24,200

        All Ages  $48,100  $35,100   $20,300   $241,600   $243,100   $65,900

          With  respect to the timing, increases in employer contributions would
        depend upon when members die due to COVID-19 but,  generally,  increased
        employer contributions will first occur the second fiscal year following
        approval of the performance of duty death benefit.
          CENSUS  DATA:  The  estimates presented herein are based on the census
        data used in the Preliminary June 30, 2019 (Lag) actuarial valuation  of
        NYCRS  to  determine  the Preliminary Fiscal Year 2021 employer contrib-
        utions.

        Counts           NYCERS      TRS     BERS   POLICE    FIRE   All Systems
        Age < 40         52,782   48,861    4,810   21,945   5,369       133,767
        40 <= Age < 60  106,335   60,632   14,809   14,267   5,623       201,666
        Age >= 60        32,384   13,843    6,206      189     252        52,874

        All Ages        191,501  123,336   25,825   36,401  11,244       388,307

        Average Age      NYCERS      TRS     BERS   POLICE    FIRE   All Systems
        Age < 40           33.0     32.5     33.3     32.1    32.7          32.7
        40 <= Age < 60     50.1     48.7     50.7     46.1    47.0          49.3
        Age >= 60          64.1     64.3     64.5     61.9    61.9          64.2

        All Ages           47.7     44.1     50.8     37.7    40.5          45.6

        Average Service  NYCERS      TRS     BERS   POLICE    FIRE   All Systems
        Age < 40            4.7      5.8      3.5      7.0     6.6           5.5
        40 <= Age < 60     13.6     14.9      9.1     18.7    19.7          14.2
        Age >= 60          19.7     19.8     14.0     31.7    34.9          19.2

        All Ages           12.2     11.8      9.2     11.7    13.8          11.9

        Average Salary   NYCERS      TRS     BERS    POLICE   FIRE   All Systems
        Age <40         $68,800  $78,800  $58,700  $101,800  $93,600     $78,500
        40 <= Age < 60   81,800   95,900   52,700   138,800  141,300      89,600
        Age >= 60        81,900   89,700   46,700   163,300  158,200      80,500

        All Ages        $78,200  $88,400  $52,400  $116,600 $118,900     $84,500

          ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the PVFB and  annual
        employer  contributions  presented  herein have been calculated based on
        the actuarial assumptions and methods in effect for the  June  30,  2019
        (Lag) actuarial valuations used to determine the Preliminary Fiscal Year
        2021 employer contributions of the NYCRS.
          RISK  AND  UNCERTAINTY: The costs presented in this Fiscal Note depend
        highly on the realization of the actuarial assumptions used, as well  as
        certain demographic characteristics of NYCRS and other exogenous factors
        such  as investment, contribution, and other risks. If actual experience
        deviates from actuarial assumptions, the actual costs could differ  from
        those  presented herein. Costs are also dependent on the actuarial meth-

        A. 10523                           22

        ods used,  and  therefore  different  actuarial  methods  could  produce
        different  results.  Quantifying these risks is beyond the scope of this
        Fiscal Note.
          Not measured in this Fiscal Note are the following:
          *  The  initial,  additional  administrative  costs  to  implement the
        proposed legislation.
          * The impact of this  proposed  legislation  on  Other  Postemployment
        Benefit (OPEB) costs.
          STATEMENT  OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief Actu-
        ary for, and independent of, the New York City  Retirement  Systems  and
        Pension  Funds.  I  am a Fellow of the Society of Actuaries, an Enrolled
        Actuary under the Employee Retirement Income and Security Act of 1974, a
        Member of the American Academy of Actuaries, and a Fellow of the Confer-
        ence of Consulting Actuaries. I meet the Qualification Standards of  the
        American  Academy of Actuaries to render the actuarial opinion contained
        herein.  To the best of my knowledge, the results contained herein  have
        been prepared in accordance with generally accepted actuarial principles
        and  procedures  and  with the Actuarial Standards of Practice issued by
        the Actuarial Standards Board.
          FISCAL NOTE IDENTIFICATION: This Fiscal Note  2020-41  dated  May  24,
        2020  was  prepared  by  the  Chief  Actuary  for the five New York City
        Retirement Systems and Pension Funds. This estimate is intended for  use
        only during the 2020 Legislative Session.
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