Assembly Bill A10239

2019-2020 Legislative Session

Relates to establishing a coronavirus disease 2019 (COVID-19) presumption for accidental disability retirement and accidental death benefits

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A10239 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Retirement and Social Security Law
Laws Affected:
Add §§63-g, 363-ddd, 507-j & 605-f, R & SS L

2019-A10239 (ACTIVE) - Summary

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

2019-A10239 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10239
 
                           I N  A S S E M B L Y
 
                               April 8, 2020
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Governmental Employees
 
 AN  ACT  to amend the retirement and social security law, in relation to
   establishing a coronavirus disease  2019  (COVID-19)  presumption  for
   accidental disability retirement and accidental death benefits
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The retirement and social security law is amended by adding
 a new section 63-g to read as follows:
   § 63-G. IMPAIRMENTS OF HEALTH DUE TO COVID-19; PRESUMPTION; ACCIDENTAL
 DISABILITY RETIREMENT. NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  THIS
 CHAPTER  OR  OF  ANY  GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, ANY
 CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY, OR NATURALLY AND PROXIMATE-
 LY RELATED TO, COVID-19, RESULTING IN PARTIAL  OR  TOTAL  DISABILITY  OR
 DEATH  TO ANY MEMBER, WHERE SUCH MEMBER IS EXPOSED OR COMES INTO CONTACT
 WITH COVID-19 AND TESTS POSITIVE  FOR  COVID-19,  SHALL  BE  PRESUMPTIVE
 EVIDENCE  THAT SUCH DISABILITY OR DEATH:  (1) WAS THE NATURAL AND PROXI-
 MATE RESULT OF AN ACCIDENT NOT  CAUSED  BY  SUCH  MEMBER'S  OWN  WILLFUL
 NEGLIGENCE;  AND  (2)  WAS  INCURRED IN THE PERFORMANCE AND DISCHARGE OF
 DUTY AND UNLESS THE CONTRARY BE PROVED BY COMPETENT EVIDENCE. ANY MEMBER
 THAT BECOMES PARTIALLY OR  TOTALLY  DISABLED  IN  ACCORDANCE  WITH  THIS
 SECTION SHALL BE ELIGIBLE FOR AN ACCIDENTAL DISABILITY RETIREMENT ALLOW-
 ANCE  EQUAL  TO THREE-QUARTERS OF HIS OR HER FINAL AVERAGE SALARY.  SUCH
 ACCIDENTAL DISABILITY RETIREMENT ALLOWANCE SHALL NOT BE REDUCED  BY  THE
 AMOUNT  OF  ANY  BENEFITS  PAYABLE PURSUANT TO THE WORKERS' COMPENSATION
 LAW.
   § 2. The retirement and social security law is amended by adding a new
 section 363-ddd to read as follows:
   § 363-DDD. IMPAIRMENTS OF HEALTH DUE TO COVID-19;  PRESUMPTION;  ACCI-
 DENTAL  DISABILITY  RETIREMENT.  NOTWITHSTANDING ANY OTHER PROVISIONS OF
 THIS CHAPTER OR OF ANY GENERAL, SPECIAL OR LOCAL LAW  TO  THE  CONTRARY,
 ANY CONDITION OF IMPAIRMENT OF HEALTH CAUSED BY, OR NATURALLY AND PROXI-
 MATELY RELATED TO, COVID-19, RESULTING IN PARTIAL OR TOTAL DISABILITY OR
 DEATH  TO ANY MEMBER, WHERE SUCH MEMBER IS EXPOSED OR COMES INTO CONTACT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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