Add 61-b, 361-b, 509-a & 607-i, R & SS L; amd 512 & 2575, Ed L; amd 1266-h, Pub Auth L; add 13-149.1,
13-244.1, 13-347.1 & 13-544.1, NYC Ad Cd
 
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10523
SPONSOR: Rules (Abbate)
 
TITLE OF BILL:
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 thereof
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to establish a COVID-19 presumption to
provide accidental death benefits to public employees who reported to
work or an alternate worksite and subsequently died due to COVID-19.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends Article 2 of the retirement and social
security law to establish a COVID-19 presumption for accidental death
benefits for tier I and II members of the New York state employees'
retirement system (NYSERS) who reported to their usual place of work or
an alternate worksite which was not their place of residence, as
directed by a public employer, on or after March 1, 2020 and contracted
coronavirus, COVID-19, or SARS-COV2, or equivalent subsequently, as
confirmed by a positive lab test or diagnosis, within 45 days from
reporting to work and subsequently died from COVID-19, as indicated on
such member's death certificate or as determined by a health care
professional. Such accidental death benefit amount shall be reduced by
any ordinary death benefits amount. This section would also permit the
beneficiaries of any retired member of such retirement system, who
retired on or after March 1, 2020, and had reported to work prior to
retirement, contracted coronavirus, COVID-19, or SARS-COV2, and subse-
quently died from COVID-19, as indicated on such member's death certif-
icate or as determined by a health care professional, to apply for a
conversion of such member's service or disability retirement benefit to
an accidental death benefit.
Section 2 of the bill amends Article 8 of the retirement and social
security law to establish a COVID-19 presumption for accidental death
benefits for tier I, II, III, V or VI members of the New York state
police and fire retirement system (NYSPFRS) who reported to their usual
place of work or an alternate worksite which was not their place of
residence, as directed by a public employer, on or after March 1, 2020
and contracted coronavirus, COVID19, or SARS-COV2, or equivalent subse-
quently, as confirmed by a positive lab test or diagnosis, within 45
days from reporting to work and subsequently died from COVID-19, as
indicated on such member's death certificate or as determined by a
health care professional. Such accidental death benefit amount shall be
reduced by any ordinary death benefits amount. This section would also
permit the beneficiaries of any retired member of such retirement
system, who retired on or after March 1, 2020, and had reported to work
prior to retirement, contracted coronavirus, COVID-19, or SARS-COV2, and
subsequently died from COVID-19, as indicated on such member's death
certificate or as determined by a health care professional, to apply for
a conversion of such member's service or disability retirement benefit
to an accidental death benefit.
Section 3 of the bill amends Article 14 of the retirement and social
security law to establish a COVID-19 presumption for accidental death
benefits for tier III members of the state and NYC public retirement
systems who reported to their usual place of work or an alternate work-
site which was not their place of residence, as directed by a public
employer, on or after March 1, 2020 and contracted coronavirus, COVID-
19, or SARS-COV2, or equivalent subsequently, as confirmed by a positive
lab test or diagnosis, within 45 days from reporting to work and subse-
quently died from COVID-19, as indicated on such member's death certif-
icate or as determined by a health care professional. Such accidental
death benefit amount shall be reduced by any ordinary death benefits
amount. This section would also permit the beneficiaries of any retired
member of such retirement system, who retired on or after March 1, 2020,
and had reported to work prior to retirement, contracted coronavirus,
COVID-19, or SARS-COV2, and subsequently died from COVID-19, as indi-
cated on such member's death certificate or as determined by a health
care professional, to apply for a conversion of such member's service or
disability retirement benefit to an accidental death benefit.
Section 4 of the bill amends Article 15 of the retirement and social
security law to establish a COVID-19 presumption for accidental death
benefits for tier IV, V, and VI members of NYSERS, the New York state
teachers' retirement system (NYSTRS), the New York City employees
retirement system (NYCERS), the New York City teachers' retirement
system (NYCTRS), and the New York City board of education retirement
system (NYCBERS) who reported to their usual place of work or an alter-
nate worksite which was not their place of residence, as directed by a
public employer, on or after March 1, 2020 and contracted coronavirus,
COVID-19, or SARS-COV2, or equivalent subsequently, as confirmed by a
positive lab test or diagnosis, within 45 days from reporting to work
and subsequently died from COVID-19, as indicated on such member's death
certificate or as determined by a health care professional. Such acci-
dental death benefit amount shall be reduced by any ordinary death bene-
fits amount. This section would also permit the beneficiaries of any
retired member of such retirement system, retired on or after March 1,
2020, and had reported to work prior to retirement, contracted coronavi-
rus, COVID19, or SARS-COV2, and subsequently died from COVID-19, as
indicated on such member's death certificate, to apply for a conversion
in such member's service or disability retirement benefit to an acci-
dental death benefit.
Section 5 of the bill amends section 512 of the education law to estab-
lish a COVID-19 presumption for accidental death benefits for tier I and
II members of NYSTRS who reported to their usual place of work or an
alternate worksite which was not their place of residence, as directed
by a public employer, on or after March 1, 2020 and contracted coronavi-
rus, COVID-19, or SARS-COV2, or equivalent subsequently, as confirmed by
a positive lab test or diagnosis, within 45 days from reporting to work
and subsequently died from COVID-19, as indicated on such member's death
certificate or as determined by a health care professional. Such acci-
dental death benefit amount shall be reduced by any ordinary death bene-
fits amount. This section would also permit the beneficiaries of any
retired member of such retirement system, retired on or after March 1,
2020, and had reported to work prior to retirement, contracted coronavi-
rus, COVID-19, or SARS-COV2, and subsequently died from COVID-19, as
indicated on such member's death certificate or as determined by a
health care professional, to apply for a conversion of such member's
service or disability retirement benefit to an accidental death benefit.
Section 6 of the bill amends section 2575 of the education law to estab-
lish a COVID-19 presumption for accidental death benefits for tier I and
II members of NYCBERS who reported to their usual place of work or an
alternate worksite which was not their place of residence, as directed
by a public employer, on or after March 1, 2020 and contracted coronavi-
rus, COVID-19, or SARS-COV2, or equivalent subsequently, as confirmed by
a positive lab test or diagnosis, within 45 days from reporting to work
and subsequently died from COVID-19, as indicated on such member's death
certificate or as determined by a health care professional. Such acci-
dental death benefit amount shall be reduced by any ordinary death bene-
fits amount. This section would also permit the beneficiaries of any
retired member of such retirement system, retired on or after March 1,
2020, and had reported to work prior to retirement, contracted coronavi-
rus, COVID-19, or SARS-00V2, and subsequently died from COVID-19, as
indicated on such member's death certificate or as determined by a
health care professional, to apply for a conversion of such member's
service or disability retirement benefit to an accidental death benefit.
Section 7 of the bill amends section 1266-h of the public authorities
law to establish a COVID-19 presumption for accidental death benefits
for members of the Metropolitan Transportation Authority police retire-
ment plan who reported to their usual place of work or an alternate
worksite which was not their place of residence, as directed by a public
employer, on or after March 1, 2020 and contracted coronavirus, COVID-
19, or SARS-COV2, or equivalent subsequently, as confirmed by a positive
lab test or diagnosis, within 45 days from reporting to work and subse-
quently died from COVID-19, as indicated on such member's death certif-
icate or as determined by a health care professional. Such accidental
death benefit amount shall be reduced by any ordinary death benefits
amount. This section would also permit the beneficiaries of any retired
member of such retirement system, retired on or after March 1, 2020, and
had reported to work prior to retirement, contracted coronavirus,
COVID-19, or SARS-00V2, and subsequently died from COVID-19, as indi-
cated on such member's death certificate or as determined by a health
care professional, to apply for a conversion of such member's service or
disability retirement benefit to an accidental death benefit.
Section 8 of the bill amends chapter 1 of title 13 of the administrative
code of new York city to establish a COVID-19 presumption for accidental
death benefits for tier I and II members of NYCERS who reported to their
usual place of work or an alternate worksite which was not their place
of residence, as directed by a public employer, on or after March 1,
2020 and contracted coronavirus, COVID-19, or SARS-COV2, or equivalent
subsequently, as confirmed by a positive lab test or diagnosis, within
45 days from reporting to work and subsequently died from COVID-19, as
indicated on such member's death certificate or as determined by a
health care professional. Such accidental death benefit amount shall be
reduced by any ordinary death benefits amount. This section would also
permit the beneficiaries of any retired member of such retirement
system, retired on or after March 1, 2020, and had reported to work
prior to retirement, contracted coronavirus, COVID19, or SARS-COV2, and
subsequently died from COVID-19, as indicated on such member's death
certificate or as determined by a health care professional, to apply for
a conversion of such member's service or disability retirement benefit
to an accidental death benefit.
Section 9 of the bill amends chapter 2 of title 13 of the administrative
code of new York city to establish a COVID-19 presumption for accidental
death benefits for tier I and II members of the New York city police
pension fund who reported to their usual place of work or an alternate
worksite which was not their place of residence, as directed by a public
employer, on or after March 1, 2020 and contracted coronavirus, COVID-
19, or SARS-COV2, or equivalent subsequently, as confirmed by a positive
lab test or diagnosis, within 45 days from reporting to work and subse-
quently died from COVID-19, as indicated on such member's death certif-
icate or as determined by a health care professional. Such accidental
death benefit amount shall be reduced by any ordinary death benefits
amount. This section would also permit the beneficiaries of any retired
member of such retirement system, retired on or after March 1, 2020, and
had reported to work prior to retirement, contracted coronavirus,
COVID-19, or SARS-COV2, and subsequently died from COVID-19, as indi-
cated on such member's death certificate or as determined by a health
care professional, to apply for a conversion of such member's service or
disability retirement benefit to an accidental death benefit.
Section 10 of the bill amends chapter 3 of title 13 of the administra-
tive code of new York city to establish a COVID-19 presumption for acci-
dental death benefits for tier I and II members of the New York city
fire pension fund who reported to their usual place of work or an alter-
nate worksite which was not their place of residence, as directed by a
public employer, on or after March 1, 2020 and contracted coronavirus,
COVID-19, or SARS-00V2, or equivalent subsequently, as confirmed by a
positive lab test or diagnosis, within 45 days from reporting to work
and subsequently died from COVID-19, as indicated on such member's death
certificate or as determined by a health care professional. Such acci-
dental death benefit amount shall be reduced by any ordinary death bene-
fits amount. This section would also permit the beneficiaries of any
retired member of such retirement system, retired on or after March 1,
2020, and had reported to work prior to retirement, contracted coronavi-
rus, COVID-19, or SARS-00V2, and subsequently died from COVID-19, as
indicated on such member's death certificate or as determined by a
health care professional, to apply for a conversion of such member's
service or disability retirement benefit to an accidental death benefit.
Section 11 of the bill amends chapter 4 of title 13 of the administra-
tive code of new York city to establish a COVID-19 presumption for acci-
dental death benefits for tier I and II members of NYCTRS who reported
to their usual place of work or an alternate worksite which was not
their place of residence, as directed by a public employer, on or after
March 1, 2020 and contracted coronavirus, COVID-19, or SARS-COV2, or
equivalent subsequently, as confirmed by a positive lab test or diagno-
sis, within 45 days from reporting to work and subsequently died from
COVID-19, as indicated on such member's death certificate or as deter-
mined by a health care professional. Such accidental death benefit
amount shall be reduced by any ordinary death benefits amount. This
section would also permit the beneficiaries of any retired member of
such retirement system, retired on or after March 1, 2020, and had
reported to work prior to retirement, contracted coronavirus, COVID19,
or SARS-COV2, and subsequently died from COVID-19, as indicated on such
member's death certificate or as determined by a health care profes-
sional, to apply for a conversion of such member's service or disability
retirement benefit to an accidental death benefit.
Section 12 of the bill would authorize the heads and boards of the
retirement systems to promulgate rules and regulations to implement this
act, including guidelines for determining a COVID diagnosis.
Section 13 of the bill would provide that none of the provisions of this
act shall be subjected to section 25 of the retirement and social and
security law.
Section 14 of the bill sets the effective date.
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
JUSTIFICATION:
While there is great uncertainty about the depth and duration of this
pandemic, it is without a doubt that the COVID crisis has profoundly
altered the rhythms of everyday life. Many employers are making contin-
gencies for workers to telecommute rather than risk illness. Unfortu-
nately, this isn't an option for millions of workers in direct service
professions across the economy. These high-risk professionals include
emergency medical personnel, firefighters, police officers, sanitation
workers and more who are at risk of contagion or infection as they
continue to serve and protect the public. This legislation would provide
a lifetime Accidental Death Benefit amount equal to 50% FAS to the fami-
lies of any public employee who was directed to go to work during the
coronavirus pandemic and then died from COVID-19.
 
PRIOR LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
See fiscal note.
 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on and after March 1, 2020; provided that this
act shall remain in effect until the later of December 31, 2020, or the
date of the expiration order number 202, dated March 7, 2020, as amended
and extended, and shall expire and be deemed repealed on such date.