Senate Bill S8420

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8420
 
                             I N  S E N A T E
 
                               May 25, 2020
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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:
 
   Section 1. The retirement and social security law is amended by adding
 a new section 61-b to read as follows:
   § 61-B. COVID-19 PRESUMPTION.  A. NOTWITHSTANDING ANY OTHER  PROVISION
 OF THIS ARTICLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY,
 EXCEPT  FOR PURPOSES OF THE WORKERS' COMPENSATION LAW AND THE LABOR LAW,
 WHERE:
   1. A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF  PUBLIC
 EMPLOYMENT  AT  THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY
 ALTERNATE WORKSITE AS DIRECTED BY SUCH  PUBLIC  EMPLOYER,  ON  OR  AFTER
 MARCH  FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE WORKSITE
 WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
   2. SUCH MEMBER CONTRACTED COVID-19, INCLUDING BUT NOT LIMITED TO CORO-
 NAVIRUS, COVID, OR SARS-COV2,  OR  EQUIVALENT,  WITHIN  FORTY-FIVE  DAYS
 AFTER  REPORTING  TO WORK AS DESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVI-
 SION AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS  DIAGNOSED  BEFORE
 OR  AFTER  SUCH  MEMBER'S  DEATH BY A LICENSED, CERTIFIED, REGISTERED OR
 AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY IN  GOOD  STANDING,  OR  A
 HEALTH  CARE  PRACTITIONER  AUTHORIZED  TO  PRACTICE  BY EXECUTIVE ORDER
 DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   3.  COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S  DEATH,  AS  DOCU-
 MENTED  ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
 CARE PRACTITIONER DESCRIBED IN PARAGRAPH TWO OF THIS  SUBDIVISION,  SUCH
 MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
 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

 S. 8420                             2
 
 WILLFUL NEGLIGENCE ON THEIR PART,  UNLESS  THE  CONTRARY  BE  PROVED  BY
 COMPETENT EVIDENCE.
   B.  ANY AMOUNT PAYABLE AS A RESULT OF THIS SECTION SHALL BE REDUCED BY
 ANY AMOUNT PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY  RECIPIENT  OF
 ORDINARY DEATH BENEFITS UNDER THIS ARTICLE.
   C. 1. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE OR OF ANY GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF THE
 WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
   (I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
 TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND TWENTY THAT ADDED THIS SECTION;
   (II)  ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN PERSON
 TO SUCH MEMBER'S USUAL PLACE OF PUBLIC EMPLOYMENT AT  THE  DIRECTION  OF
 SUCH  MEMBER'S  PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE AS DIRECTED
 BY SUCH PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE  WAS  NOT
 SUCH MEMBER'S HOME OR RESIDENCE;
   (III)  CONTRACTED  COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE
 OF REPORTING TO WORK IN PERSON, AS CONFIRMED BY  A  POSITIVE  LABORATORY
 TEST  OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED,
 CERTIFIED, REGISTERED OR AUTHORIZED HEALTH CARE  PRACTITIONER  CURRENTLY
 IN  GOOD  STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE
 BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   (IV) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH,  AS  DOCU-
 MENTED  ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
 CARE PRACTITIONER DESCRIBED IN SUBPARAGRAPH  (III)  OF  THIS  PARAGRAPH,
 SUCH  MEMBER  SHALL  BE  DEEMED  TO HAVE DIED AS A NATURAL AND PROXIMATE
 RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS  A
 RESULT  OF WILLFUL NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE
 PROVED BY COMPETENT EVIDENCE.
   2. SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED UNDER THIS ARTICLE,
 FOR PURPOSES OF ACCIDENTAL DEATH BENEFITS  PAYABLE  FROM  SUCH  MEMBER'S
 RETIREMENT  SYSTEM  UNDER  THIS  ARTICLE, MAY, WITHIN NINETY DAYS OF THE
 EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  TWENTY  THAT
 ADDED  THIS SECTION, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM TO REQUEST
 THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT
 INTO AN ACCIDENTAL DEATH BENEFIT. FOR PURPOSES OF THE SALARY  BASE  UPON
 WHICH  THE  ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH MEMBER SHALL BE
 DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT THE TIME
 OF SUCH CONVERSION, SUCH  STATUTORY  BENEFICIARY  SHALL  RELINQUISH  ALL
 RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE SERVICE OR DISABIL-
 ITY  RETIREMENT  STATUTE,  INCLUDING ANY POST-RETIREMENT DEATH BENEFITS,
 SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE  ONLY
 BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A BENEFIT UNDER THE SERVICE
 OR DISABILITY RETIREMENT STATUTE, INCLUDING, BUT NOT LIMITED TO, A POST-
 RETIREMENT  DEATH  BENEFIT  OR  BENEFIT  PAID OR PAYABLE PURSUANT TO THE
 MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO  THE
 STATUTORY  BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO
 ANY OTHER STATUTORY BENEFICIARY.
   D. IN ORDER TO BE ELIGIBLE  FOR  THE  PRESUMPTION  DESCRIBED  IN  THIS
 SECTION,  THE  APPLICABLE RETIREMENT SYSTEM OR SYSTEMS ARE AUTHORIZED TO
 PROMULGATE RULES AND REGULATIONS TO ADMINISTER THIS  BENEFIT  INCLUDING,
 BUT  NOT  LIMITED  TO,  REQUIRING A STATEMENT TO BE FILED CONFIRMING THE
 MEMBER CONTRACTED COVID-19 AND THE DATES AND LOCATIONS OF  THE  MEMBER'S
 EMPLOYMENT.
   § 2. The retirement and social security law is amended by adding a new
 section 361-b to read as follows:

 S. 8420                             3
 
   § 361-B. COVID-19 PRESUMPTION.  A. NOTWITHSTANDING ANY OTHER PROVISION
 OF THIS ARTICLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY,
 EXCEPT  FOR PURPOSES OF THE WORKERS' COMPENSATION LAW AND THE LABOR LAW,
 WHERE:
   1.  A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
 EMPLOYMENT AT THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR  TO  ANY
 ALTERNATE  WORKSITE  AS  DIRECTED  BY  SUCH PUBLIC EMPLOYER, ON OR AFTER
 MARCH FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE  WORKSITE
 WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
   2. SUCH MEMBER CONTRACTED COVID-19, INCLUDING BUT NOT LIMITED TO CORO-
 NAVIRUS,  COVID,  OR  SARS-COV2,  OR  EQUIVALENT, WITHIN FORTY-FIVE DAYS
 AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH ONE OF  THIS  SUBDIVI-
 SION  AS  CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE
 OR AFTER SUCH MEMBER'S DEATH BY A  LICENSED,  CERTIFIED,  REGISTERED  OR
 AUTHORIZED  HEALTH  CARE  PRACTITIONER  CURRENTLY IN GOOD STANDING, OR A
 HEALTH CARE PRACTITIONER  AUTHORIZED  TO  PRACTICE  BY  EXECUTIVE  ORDER
 DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   3.    COVID-19  CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
 MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A  HEALTH
 CARE  PRACTITIONER  DESCRIBED IN PARAGRAPH TWO OF THIS SUBDIVISION, SUCH
 MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
 AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT  OF
 WILLFUL  NEGLIGENCE  ON  THEIR  PART,  UNLESS  THE CONTRARY BE PROVED BY
 COMPETENT EVIDENCE.
   B. ANY AMOUNT PAYABLE AS A RESULT OF THIS SECTION SHALL BE REDUCED  BY
 ANY  AMOUNT  PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY RECIPIENT OF
 ORDINARY DEATH BENEFITS UNDER THIS ARTICLE.
   C. 1. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE OR OF ANY GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF THE
 WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
   (I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
 TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND TWENTY THAT ADDED THIS SECTION;
   (II) ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN  PERSON
 TO  SUCH  MEMBER'S  USUAL PLACE OF PUBLIC EMPLOYMENT AT THE DIRECTION OF
 SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE  AS  DIRECTED
 BY  SUCH  PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE WAS NOT
 SUCH MEMBER'S HOME OR RESIDENCE;
   (III) CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY  SUCH  DATE
 OF  REPORTING  TO  WORK IN PERSON, AS CONFIRMED BY A POSITIVE LABORATORY
 TEST OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A  LICENSED,
 CERTIFIED,  REGISTERED  OR AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY
 IN GOOD STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED  TO  PRACTICE
 BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   (IV)  COVID-19  CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
 MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A  HEALTH
 CARE  PRACTITIONER  DESCRIBED  IN  SUBPARAGRAPH (III) OF THIS PARAGRAPH,
 SUCH MEMBER SHALL BE DEEMED TO HAVE DIED  AS  A  NATURAL  AND  PROXIMATE
 RESULT  OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A
 RESULT OF WILLFUL NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY  BE
 PROVED BY COMPETENT EVIDENCE.
   2. SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED UNDER THIS ARTICLE,
 FOR  PURPOSES  OF  ACCIDENTAL  DEATH BENEFITS PAYABLE FROM SUCH MEMBER'S
 RETIREMENT SYSTEM UNDER THIS ARTICLE, MAY, WITHIN  NINETY  DAYS  OF  THE
 EFFECTIVE  DATE  OF  THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY THAT
 ADDED THIS SECTION, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM TO  REQUEST

 S. 8420                             4
 
 THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT
 INTO  AN  ACCIDENTAL DEATH BENEFIT. FOR PURPOSES OF THE SALARY BASE UPON
 WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH MEMBER  SHALL  BE
 DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT THE TIME
 OF  SUCH  CONVERSION,  SUCH  STATUTORY  BENEFICIARY SHALL RELINQUISH ALL
 RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE SERVICE OR DISABIL-
 ITY RETIREMENT STATUTE, INCLUDING ANY  POST-RETIREMENT  DEATH  BENEFITS,
 SINCE  SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE ONLY
 BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A BENEFIT UNDER THE SERVICE
 OR DISABILITY RETIREMENT STATUTE, INCLUDING, BUT NOT LIMITED TO, A POST-
 RETIREMENT DEATH BENEFIT OR BENEFIT PAID  OR  PAYABLE  PURSUANT  TO  THE
 MEMBER'S  OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO THE
 STATUTORY BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE  TO
 ANY OTHER STATUTORY BENEFICIARY.
   D.  IN  ORDER  TO  BE  ELIGIBLE  FOR THE PRESUMPTION DESCRIBED IN THIS
 SECTION, THE APPLICABLE RETIREMENT SYSTEM OR SYSTEMS ARE  AUTHORIZED  TO
 PROMULGATE  RULES  AND REGULATIONS TO ADMINISTER THIS BENEFIT INCLUDING,
 BUT NOT LIMITED TO, REQUIRING A STATEMENT TO  BE  FILED  CONFIRMING  THE
 MEMBER  CONTRACTED  COVID-19 AND THE DATES AND LOCATIONS OF THE MEMBER'S
 EMPLOYMENT.
   § 3. The retirement and social security law is amended by adding a new
 section 509-a to read as follows:
   § 509-A. COVID-19 PRESUMPTION.  A. NOTWITHSTANDING ANY OTHER PROVISION
 OF THIS ARTICLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY,
 EXCEPT FOR PURPOSES OF THE WORKERS' COMPENSATION LAW AND THE LABOR  LAW,
 WHERE:
   1.  A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
 EMPLOYMENT AT THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR  TO  ANY
 ALTERNATE  WORKSITE  AS  DIRECTED  BY  SUCH PUBLIC EMPLOYER, ON OR AFTER
 MARCH FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE  WORKSITE
 WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
   2. SUCH MEMBER CONTRACTED COVID-19, INCLUDING BUT NOT LIMITED TO CORO-
 NAVIRUS,  COVID,  OR  SARS-COV2,  OR  EQUIVALENT, WITHIN FORTY-FIVE DAYS
 AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH ONE OF  THIS  SUBDIVI-
 SION  AS  CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE
 OR AFTER SUCH MEMBER'S DEATH BY A  LICENSED,  CERTIFIED,  REGISTERED  OR
 AUTHORIZED  HEALTH  CARE  PRACTITIONER  CURRENTLY IN GOOD STANDING, OR A
 HEALTH CARE PRACTITIONER  AUTHORIZED  TO  PRACTICE  BY  EXECUTIVE  ORDER
 DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   3.    COVID-19  CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
 MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A  HEALTH
 CARE  PRACTITIONER  DESCRIBED IN PARAGRAPH TWO OF THIS SUBDIVISION, SUCH
 MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
 AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT  OF
 WILLFUL  NEGLIGENCE  ON  THEIR  PART,  UNLESS  THE CONTRARY BE PROVED BY
 COMPETENT EVIDENCE.
   B. ANY AMOUNT PAYABLE AS A RESULT OF THIS SECTION SHALL BE REDUCED  BY
 ANY  AMOUNT  PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY RECIPIENT OF
 ORDINARY DEATH BENEFITS UNDER THIS ARTICLE.
   C. 1. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE OR OF ANY GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF THE
 WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
   (I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
 TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND TWENTY THAT ADDED THIS SECTION;

 S. 8420                             5
 
   (II) ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN  PERSON
 TO  SUCH  MEMBER'S  USUAL PLACE OF PUBLIC EMPLOYMENT AT THE DIRECTION OF
 SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE  AS  DIRECTED
 BY  SUCH  PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE WAS NOT
 SUCH MEMBER'S HOME OR RESIDENCE;
   (III)  CONTRACTED  COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE
 OF REPORTING TO WORK IN PERSON, AS CONFIRMED BY  A  POSITIVE  LABORATORY
 TEST  OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED,
 CERTIFIED, REGISTERED OR AUTHORIZED HEALTH CARE  PRACTITIONER  CURRENTLY
 IN  GOOD  STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE
 BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   (IV) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH,  AS  DOCU-
 MENTED  ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
 CARE PRACTITIONER DESCRIBED IN SUBPARAGRAPH  (III)  OF  THIS  PARAGRAPH,
 SUCH  MEMBER  SHALL  BE  DEEMED  TO HAVE DIED AS A NATURAL AND PROXIMATE
 RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS  A
 RESULT  OF WILLFUL NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE
 PROVED BY COMPETENT EVIDENCE.
   2. SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED UNDER THIS ARTICLE,
 FOR PURPOSES OF ACCIDENTAL DEATH BENEFITS  PAYABLE  FROM  SUCH  MEMBER'S
 RETIREMENT  SYSTEM  UNDER  THIS  ARTICLE, MAY, WITHIN NINETY DAYS OF THE
 EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  TWENTY  THAT
 ADDED  THIS SECTION, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM TO REQUEST
 THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT
 INTO AN ACCIDENTAL DEATH BENEFIT. FOR PURPOSES OF THE SALARY  BASE  UPON
 WHICH  THE  ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH MEMBER SHALL BE
 DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT THE TIME
 OF SUCH CONVERSION, SUCH  STATUTORY  BENEFICIARY  SHALL  RELINQUISH  ALL
 RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE SERVICE OR DISABIL-
 ITY  RETIREMENT  STATUTE,  INCLUDING ANY POST-RETIREMENT DEATH BENEFITS,
 SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE  ONLY
 BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A BENEFIT UNDER THE SERVICE
 OR DISABILITY RETIREMENT STATUTE, INCLUDING, BUT NOT LIMITED TO, A POST-
 RETIREMENT  DEATH  BENEFIT  OR  BENEFIT  PAID OR PAYABLE PURSUANT TO THE
 MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO  THE
 STATUTORY  BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE TO
 ANY OTHER STATUTORY BENEFICIARY.
   D. IN ORDER TO BE ELIGIBLE  FOR  THE  PRESUMPTION  DESCRIBED  IN  THIS
 SECTION,  THE  APPLICABLE RETIREMENT SYSTEM OR SYSTEMS ARE AUTHORIZED TO
 PROMULGATE RULES AND REGULATIONS TO ADMINISTER THIS  BENEFIT  INCLUDING,
 BUT  NOT  LIMITED  TO,  REQUIRING A STATEMENT TO BE FILED CONFIRMING THE
 MEMBER CONTRACTED COVID-19 AND THE DATES AND LOCATIONS OF  THE  MEMBER'S
 EMPLOYMENT.
   § 4. The retirement and social security law is amended by adding a new
 section 607-i to read as follows:
   § 607-I. COVID-19 PRESUMPTION.  A. NOTWITHSTANDING ANY OTHER PROVISION
 OF THIS ARTICLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY,
 EXCEPT  FOR PURPOSES OF THE WORKERS' COMPENSATION LAW AND THE LABOR LAW,
 WHERE:
   1. A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF  PUBLIC
 EMPLOYMENT  AT  THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY
 ALTERNATE WORKSITE AS DIRECTED BY SUCH  PUBLIC  EMPLOYER,  ON  OR  AFTER
 MARCH  FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE WORKSITE
 WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
   2. SUCH MEMBER CONTRACTED COVID-19, INCLUDING BUT NOT LIMITED TO CORO-
 NAVIRUS, COVID, OR SARS-COV2,  OR  EQUIVALENT,  WITHIN  FORTY-FIVE  DAYS

 S. 8420                             6
 
 AFTER  REPORTING  TO WORK AS DESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVI-
 SION AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS  DIAGNOSED  BEFORE
 OR  AFTER  SUCH  MEMBER'S  DEATH BY A LICENSED, CERTIFIED, REGISTERED OR
 AUTHORIZED  HEALTH  CARE  PRACTITIONER  CURRENTLY IN GOOD STANDING, OR A
 HEALTH CARE PRACTITIONER  AUTHORIZED  TO  PRACTICE  BY  EXECUTIVE  ORDER
 DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   3.    COVID-19  CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
 MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A  HEALTH
 CARE  PRACTITIONER  DESCRIBED IN PARAGRAPH TWO OF THIS SUBDIVISION, SUCH
 MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
 AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT  OF
 WILLFUL  NEGLIGENCE  ON  THEIR  PART,  UNLESS  THE CONTRARY BE PROVED BY
 COMPETENT EVIDENCE.
   B. ANY AMOUNT PAYABLE AS A RESULT OF THIS SECTION SHALL BE REDUCED  BY
 ANY  AMOUNT  PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY RECIPIENT OF
 ORDINARY DEATH BENEFITS UNDER THIS ARTICLE.
   C. 1. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE OR OF ANY GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF THE
 WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
   (I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
 TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND TWENTY THAT ADDED THIS SECTION;
   (II) ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN  PERSON
 TO  SUCH  MEMBER'S  USUAL PLACE OF PUBLIC EMPLOYMENT AT THE DIRECTION OF
 SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE  AS  DIRECTED
 BY  SUCH  PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE WAS NOT
 SUCH MEMBER'S HOME OR RESIDENCE;
   (III) CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY  SUCH  DATE
 OF  REPORTING  TO  WORK IN PERSON, AS CONFIRMED BY A POSITIVE LABORATORY
 TEST OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A  LICENSED,
 CERTIFIED,  REGISTERED  OR AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY
 IN GOOD STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED  TO  PRACTICE
 BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   (IV)  COVID-19  CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
 MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A  HEALTH
 CARE  PRACTITIONER  DESCRIBED  IN  SUBPARAGRAPH (III) OF THIS PARAGRAPH,
 SUCH MEMBER SHALL BE DEEMED TO HAVE DIED  AS  A  NATURAL  AND  PROXIMATE
 RESULT  OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A
 RESULT OF WILLFUL NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY  BE
 PROVED BY COMPETENT EVIDENCE.
   2. SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED UNDER THIS ARTICLE,
 FOR  PURPOSES  OF  ACCIDENTAL  DEATH BENEFITS PAYABLE FROM SUCH MEMBER'S
 RETIREMENT SYSTEM UNDER THIS ARTICLE, MAY, WITHIN  NINETY  DAYS  OF  THE
 EFFECTIVE  DATE  OF  THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY THAT
 ADDED THIS SECTION, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM TO  REQUEST
 THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT
 INTO  AN  ACCIDENTAL DEATH BENEFIT. FOR PURPOSES OF THE SALARY BASE UPON
 WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH MEMBER  SHALL  BE
 DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT THE TIME
 OF  SUCH  CONVERSION,  SUCH  STATUTORY  BENEFICIARY SHALL RELINQUISH ALL
 RIGHTS TO THE PROSPECTIVE BENEFITS PAYABLE UNDER THE SERVICE OR DISABIL-
 ITY RETIREMENT STATUTE, INCLUDING ANY  POST-RETIREMENT  DEATH  BENEFITS,
 SINCE  SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE ONLY
 BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A BENEFIT UNDER THE SERVICE
 OR DISABILITY RETIREMENT STATUTE, INCLUDING, BUT NOT LIMITED TO, A POST-
 RETIREMENT DEATH BENEFIT OR BENEFIT PAID  OR  PAYABLE  PURSUANT  TO  THE

 S. 8420                             7
 
 MEMBER'S  OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO THE
 STATUTORY BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE  TO
 ANY OTHER STATUTORY BENEFICIARY.
   D.  IN  ORDER  TO  BE  ELIGIBLE  FOR THE PRESUMPTION DESCRIBED IN THIS
 SECTION, THE APPLICABLE RETIREMENT SYSTEM OR SYSTEMS ARE  AUTHORIZED  TO
 PROMULGATE  RULES  AND REGULATIONS TO ADMINISTER THIS BENEFIT INCLUDING,
 BUT NOT LIMITED TO, REQUIRING A STATEMENT TO  BE  FILED  CONFIRMING  THE
 MEMBER  CONTRACTED  COVID-19 AND THE DATES AND LOCATIONS OF THE MEMBER'S
 EMPLOYMENT.
   § 5. Section 512 of the education law  is  amended  by  adding  a  new
 subdivision h to read as follows:
   H.    1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE OR OF ANY
 GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, EXCEPT  FOR  PURPOSES  OF
 THE WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE:
   (A) A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
 EMPLOYMENT  AT  THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY
 ALTERNATE WORKSITE AS DIRECTED BY SUCH  PUBLIC  EMPLOYER,  ON  OR  AFTER
 MARCH  FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE WORKSITE
 WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
   (B) SUCH MEMBER CONTRACTED COVID-19,  INCLUDING  BUT  NOT  LIMITED  TO
 CORONAVIRUS,  COVID, OR SARS-COV2, OR EQUIVALENT, WITHIN FORTY-FIVE DAYS
 AFTER REPORTING TO WORK AS DESCRIBED IN SUBPARAGRAPH (A) OF  THIS  PARA-
 GRAPH  AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE
 OR AFTER SUCH MEMBER'S DEATH BY A  LICENSED,  CERTIFIED,  REGISTERED  OR
 AUTHORIZED  HEALTH  CARE  PRACTITIONER  CURRENTLY IN GOOD STANDING, OR A
 HEALTH CARE PRACTITIONER  AUTHORIZED  TO  PRACTICE  BY  EXECUTIVE  ORDER
 DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   (C)  COVID-19  CAUSED  OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
 MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A  HEALTH
 CARE  PRACTITIONER DESCRIBED IN SUBPARAGRAPH (B) OF THIS PARAGRAPH, SUCH
 MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
 AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT  OF
 WILLFUL  NEGLIGENCE  ON  THEIR  PART,  UNLESS  THE CONTRARY BE PROVED BY
 COMPETENT EVIDENCE.
   2. ANY AMOUNT PAYABLE AS A RESULT OF THIS SECTION SHALL BE REDUCED  BY
 ANY  AMOUNT  PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY RECIPIENT OF
 ORDINARY DEATH BENEFITS UNDER THIS ARTICLE.
   3. (A) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE OR OF ANY  GENER-
 AL, SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF
 THE WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
   (I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
 TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND TWENTY THAT ADDED THIS SUBDIVISION;
   (II)  ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN PERSON
 TO SUCH MEMBER'S USUAL PLACE OF PUBLIC EMPLOYMENT AT  THE  DIRECTION  OF
 SUCH  MEMBER'S  PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE AS DIRECTED
 BY SUCH PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE  WAS  NOT
 SUCH MEMBER'S HOME OR RESIDENCE;
   (III)  CONTRACTED  COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE
 OF REPORTING TO WORK IN PERSON, AS CONFIRMED BY  A  POSITIVE  LABORATORY
 TEST  OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED,
 CERTIFIED, REGISTERED OR AUTHORIZED HEALTH CARE  PRACTITIONER  CURRENTLY
 IN  GOOD  STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE
 BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   (IV) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH,  AS  DOCU-
 MENTED  ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH

 S. 8420                             8
 
 CARE PRACTITIONER DESCRIBED IN CLAUSE (III) OF THIS  SUBPARAGRAPH,  SUCH
 MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
 AN  ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
 WILLFUL  NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE PROVED BY
 COMPETENT EVIDENCE.
   (B) SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED UNDER  THIS  ARTI-
 CLE,  FOR  PURPOSES  OF  ACCIDENTAL  DEATH  BENEFITS  PAYABLE  FROM SUCH
 MEMBER'S RETIREMENT SYSTEM UNDER THIS ARTICLE, MAY, WITHIN  NINETY  DAYS
 OF  THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY
 THAT ADDED THIS SUBDIVISION, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM TO
 REQUEST THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT
 BENEFIT INTO AN ACCIDENTAL DEATH BENEFIT. FOR  PURPOSES  OF  THE  SALARY
 BASE  UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH MEMBER
 SHALL BE DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT
 THE TIME OF SUCH CONVERSION, SUCH STATUTORY BENEFICIARY SHALL RELINQUISH
 ALL RIGHTS TO THE PROSPECTIVE BENEFITS  PAYABLE  UNDER  THE  SERVICE  OR
 DISABILITY RETIREMENT STATUTE, INCLUDING ANY POST-RETIREMENT DEATH BENE-
 FITS, SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE
 ONLY  BENEFICIARY  RECEIVING  OR ENTITLED TO RECEIVE A BENEFIT UNDER THE
 SERVICE OR DISABILITY RETIREMENT STATUTE, INCLUDING, BUT NOT LIMITED TO,
 A POST-RETIREMENT DEATH BENEFIT OR BENEFIT PAID OR PAYABLE  PURSUANT  TO
 THE  MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO
 THE STATUTORY BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE
 TO ANY OTHER STATUTORY BENEFICIARY.
   4. IN ORDER TO BE ELIGIBLE  FOR  THE  PRESUMPTION  DESCRIBED  IN  THIS
 SUBDIVISION,  THE APPLICABLE RETIREMENT SYSTEM OR SYSTEMS ARE AUTHORIZED
 TO PROMULGATE RULES AND REGULATIONS TO ADMINISTER THIS  BENEFIT  INCLUD-
 ING,  BUT  NOT  LIMITED TO, REQUIRING A STATEMENT TO BE FILED CONFIRMING
 THE MEMBER CONTRACTED COVID-19  AND  THE  DATES  AND  LOCATIONS  OF  THE
 MEMBER'S EMPLOYMENT.
   §  6.  Section  2575  of  the education law is amended by adding a new
 subdivision 26 to read as follows:
   26.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE OR OF ANY
 GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, EXCEPT  FOR  PURPOSES  OF
 THE WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE:
   (I) A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
 EMPLOYMENT  AT  THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY
 ALTERNATE WORKSITE AS DIRECTED BY SUCH  PUBLIC  EMPLOYER,  ON  OR  AFTER
 MARCH  FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE WORKSITE
 WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
   (II) SUCH MEMBER CONTRACTED COVID-19, INCLUDING  BUT  NOT  LIMITED  TO
 CORONAVIRUS,  COVID, OR SARS-COV2, OR EQUIVALENT, WITHIN FORTY-FIVE DAYS
 AFTER REPORTING TO WORK AS DESCRIBED IN SUBPARAGRAPH (I) OF  THIS  PARA-
 GRAPH  AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE
 OR AFTER SUCH MEMBER'S DEATH BY A  LICENSED,  CERTIFIED,  REGISTERED  OR
 AUTHORIZED  HEALTH  CARE  PRACTITIONER  CURRENTLY IN GOOD STANDING, OR A
 HEALTH CARE PRACTITIONER  AUTHORIZED  TO  PRACTICE  BY  EXECUTIVE  ORDER
 DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   (III)  COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
 MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A  HEALTH
 CARE PRACTITIONER DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, SUCH
 MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
 AN  ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
 WILLFUL NEGLIGENCE ON THEIR PART,  UNLESS  THE  CONTRARY  BE  PROVED  BY
 COMPETENT EVIDENCE.

 S. 8420                             9
 
   (B)  ANY  AMOUNT  PAYABLE  AS  A  RESULT  OF THIS SUBDIVISION SHALL BE
 REDUCED BY ANY AMOUNT PAID BY SUCH MEMBER'S  RETIREMENT  SYSTEM  TO  ANY
 RECIPIENT OF ORDINARY DEATH BENEFITS UNDER THIS ARTICLE.
   (C) (I) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE OR OF ANY GENER-
 AL, SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF
 THE WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
   (1) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
 TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND TWENTY THAT ADDED THIS SUBDIVISION;
   (2)  ON  OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN PERSON
 TO SUCH MEMBER'S USUAL PLACE OF PUBLIC EMPLOYMENT AT  THE  DIRECTION  OF
 SUCH  MEMBER'S  PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE AS DIRECTED
 BY SUCH PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE  WAS  NOT
 SUCH MEMBER'S HOME OR RESIDENCE;
   (3)  CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE OF
 REPORTING TO WORK IN PERSON, AS CONFIRMED BY A POSITIVE LABORATORY  TEST
 OR  AS  DIAGNOSED  BEFORE  OR  AFTER  SUCH MEMBER'S DEATH BY A LICENSED,
 CERTIFIED, REGISTERED OR AUTHORIZED HEALTH CARE  PRACTITIONER  CURRENTLY
 IN  GOOD  STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE
 BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   (4) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S  DEATH,  AS  DOCU-
 MENTED  ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
 CARE PRACTITIONER DESCRIBED IN CLAUSE THREE OF THIS  SUBPARAGRAPH,  SUCH
 MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
 AN  ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
 WILLFUL NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE PROVED  BY
 COMPETENT EVIDENCE.
   (II)  SUCH  MEMBER'S  STATUTORY  BENEFICIARY,  AS  DEFINED  UNDER THIS
 SECTION, FOR PURPOSES OF ACCIDENTAL DEATH  BENEFITS  PAYABLE  FROM  SUCH
 MEMBER'S  RETIREMENT  SYSTEM UNDER THIS SECTION, MAY, WITHIN NINETY DAYS
 OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  TWENTY
 THAT ADDED THIS SUBDIVISION, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM TO
 REQUEST THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT
 BENEFIT  INTO  AN  ACCIDENTAL  DEATH BENEFIT. FOR PURPOSES OF THE SALARY
 BASE UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH  MEMBER
 SHALL BE DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT
 THE TIME OF SUCH CONVERSION, SUCH STATUTORY BENEFICIARY SHALL RELINQUISH
 ALL  RIGHTS  TO  THE  PROSPECTIVE  BENEFITS PAYABLE UNDER THE SERVICE OR
 DISABILITY RETIREMENT STATUTE, INCLUDING ANY POST-RETIREMENT DEATH BENE-
 FITS, SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE
 ONLY BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A  BENEFIT  UNDER  THE
 SERVICE OR DISABILITY RETIREMENT STATUTE, INCLUDING, BUT NOT LIMITED TO,
 A  POST-RETIREMENT  DEATH BENEFIT OR BENEFIT PAID OR PAYABLE PURSUANT TO
 THE MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS  TO
 THE STATUTORY BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE
 TO ANY OTHER STATUTORY BENEFICIARY.
   (D)  IN  ORDER  TO  BE  ELIGIBLE FOR THE PRESUMPTION DESCRIBED IN THIS
 SUBDIVISION, THE APPLICABLE RETIREMENT SYSTEM OR SYSTEMS ARE  AUTHORIZED
 TO  PROMULGATE  RULES AND REGULATIONS TO ADMINISTER THIS BENEFIT INCLUD-
 ING, BUT NOT LIMITED TO, REQUIRING A STATEMENT TO  BE  FILED  CONFIRMING
 THE  MEMBER  CONTRACTED  COVID-19  AND  THE  DATES  AND LOCATIONS OF THE
 MEMBER'S EMPLOYMENT.
   § 7. Section 1266-h of the public authorities law is amended by adding
 a new subdivision 8 to read as follows:

 S. 8420                            10
 
   8. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR  OF  ANY
 GENERAL,  SPECIAL  OR  LOCAL LAW TO THE CONTRARY, EXCEPT FOR PURPOSES OF
 THE WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE:
   (I) A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
 EMPLOYMENT  AT  THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY
 ALTERNATE WORKSITE AS DIRECTED BY SUCH  PUBLIC  EMPLOYER,  ON  OR  AFTER
 MARCH  FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE WORKSITE
 WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
   (II) SUCH MEMBER CONTRACTED COVID-19, INCLUDING  BUT  NOT  LIMITED  TO
 CORONAVIRUS,  COVID,  OR SARS-COV2, OR THE EQUIVALENT, WITHIN FORTY-FIVE
 DAYS AFTER REPORTING TO WORK PURSUANT TO SUBPARAGRAPH (I) OF THIS  PARA-
 GRAPH, AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE
 OR  AFTER  SUCH  MEMBER'S  DEATH BY A LICENSED, CERTIFIED, REGISTERED OR
 AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY IN  GOOD  STANDING,  OR  A
 HEALTH  CARE  PRACTITIONER  AUTHORIZED  TO  PRACTICE  BY EXECUTIVE ORDER
 DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   (III) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS  DOCU-
 MENTED  ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
 CARE PRACTITIONER DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH, SUCH
 MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
 AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT  OF
 WILLFUL  NEGLIGENCE  ON  THEIR  PART,  UNLESS  THE CONTRARY BE PROVED BY
 COMPETENT EVIDENCE.
   (B) ANY AMOUNT PAYABLE AS A RESULT OF THIS SECTION SHALL BE REDUCED BY
 ANY AMOUNT PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY  RECIPIENT  OF
 ORDINARY DEATH BENEFITS PURSUANT TO THIS SECTION.
   (C)  NOTWITHSTANDING  ANY PROVISION OF THIS SECTION OR OF ANY GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF THE
 WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
   (1) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
 TWO THOUSAND TWENTY, AND BEFORE THE DATE ON WHICH  THE  CHAPTER  OF  THE
 LAWS OF TWO THOUSAND TWENTY WHICH ADDED THIS SUBDIVISION BECAME A LAW;
   (2)  ON  OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN PERSON
 TO SUCH MEMBER'S USUAL PLACE OF PUBLIC EMPLOYMENT AT  THE  DIRECTION  OF
 SUCH  MEMBER'S  PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE AS DIRECTED
 BY SUCH PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE  WAS  NOT
 SUCH MEMBER'S HOME OR RESIDENCE;
   (3)  CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE OF
 REPORTING TO WORK IN PERSON, AS CONFIRMED BY A POSITIVE LABORATORY  TEST
 OR  AS  DIAGNOSED  BEFORE  OR  AFTER  SUCH MEMBER'S DEATH BY A LICENSED,
 CERTIFIED, REGISTERED OR AUTHORIZED HEALTH CARE  PRACTITIONER  CURRENTLY
 IN  GOOD  STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE
 BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   (4) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S  DEATH,  AS  DOCU-
 MENTED  ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
 CARE PRACTITIONER DESCRIBED IN SUBPARAGRAPH  THREE  OF  THIS  PARAGRAPH,
 SUCH  MEMBER  SHALL  BE  DEEMED  TO HAVE DIED AS A NATURAL AND PROXIMATE
 RESULT OF AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS  A
 RESULT  OF WILLFUL NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE
 PROVED BY COMPETENT EVIDENCE.
   (D) SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED PURSUANT  TO  THIS
 SECTION,  FOR  PURPOSES  OF  ACCIDENTAL DEATH BENEFITS PAYABLE FROM SUCH
 MEMBER'S RETIREMENT SYSTEM UNDER THIS SECTION, MAY, WITHIN  NINETY  DAYS
 OF  THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY
 WHICH ADDED THIS SUBDIVISION, APPLY TO SUCH MEMBER'S  RETIREMENT  SYSTEM
 TO REQUEST THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIRE-

 S. 8420                            11
 
 MENT BENEFIT INTO AN ACCIDENTAL DEATH BENEFIT. FOR PURPOSES OF THE SALA-
 RY  BASE  UPON  WHICH  THE  ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH
 MEMBER SHALL BE DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIRE-
 MENT.  AT  THE TIME OF SUCH CONVERSION, SUCH STATUTORY BENEFICIARY SHALL
 RELINQUISH ALL RIGHTS TO THE  PROSPECTIVE  BENEFITS  PAYABLE  UNDER  THE
 SERVICE  OR DISABILITY RETIREMENT STATUTE, INCLUDING ANY POST-RETIREMENT
 DEATH BENEFITS, SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY  BENEFICIARY
 IS  NOT  THE ONLY BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A BENEFIT
 UNDER THE SERVICE OR DISABILITY RETIREMENT STATUTE  INCLUDING,  BUT  NOT
 LIMITED  TO,  A POST-RETIREMENT DEATH BENEFIT OR BENEFIT PAID OR PAYABLE
 PURSUANT TO THE MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH  BENEFIT
 PAYMENTS  TO  THE  STATUTORY  BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS
 PAID OR PAYABLE TO ANY OTHER STATUTORY BENEFICIARY.
   (E) IN ORDER TO BE ELIGIBLE FOR  THE  PRESUMPTION  DESCRIBED  IN  THIS
 SUBDIVISION,  THE APPLICABLE RETIREMENT SYSTEM OR SYSTEMS ARE AUTHORIZED
 TO PROMULGATE RULES AND REGULATIONS TO ADMINISTER THIS  BENEFIT  INCLUD-
 ING,  BUT  NOT  LIMITED TO, REQUIRING A STATEMENT TO BE FILED CONFIRMING
 THE MEMBER CONTRACTED COVID-19 AND  THE  DATES  AND  LOCATIONS  OF  SUCH
 MEMBER'S EMPLOYMENT.
   §  8.  The  administrative  code of the city of New York is amended by
 adding a new section 13-149.1 to read as follows:
   §  13-149.1  COVID-19  PRESUMPTION.    1.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF  THIS TITLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE
 CONTRARY, EXCEPT FOR PURPOSES OF THE WORKERS' COMPENSATION LAW  AND  THE
 LABOR LAW, WHERE:
   (A) A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
 EMPLOYMENT  AT  THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY
 ALTERNATE WORKSITE AS DIRECTED BY SUCH  PUBLIC  EMPLOYER,  ON  OR  AFTER
 MARCH  FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE WORKSITE
 WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
   (B) SUCH MEMBER CONTRACTED COVID-19,  INCLUDING  BUT  NOT  LIMITED  TO
 CORONAVIRUS,  COVID, OR SARS-COV2, OR EQUIVALENT, WITHIN FORTY-FIVE DAYS
 AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE
 OR AFTER SUCH MEMBER'S DEATH BY A  LICENSED,  CERTIFIED,  REGISTERED  OR
 AUTHORIZED  HEALTH  CARE  PRACTITIONER  CURRENTLY IN GOOD STANDING, OR A
 HEALTH CARE PRACTITIONER  AUTHORIZED  TO  PRACTICE  BY  EXECUTIVE  ORDER
 DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   (C)  COVID-19  CAUSED  OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
 MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A  HEALTH
 CARE  PRACTITIONER  DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION, SUCH
 MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
 AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT  OF
 WILLFUL  NEGLIGENCE  ON  THEIR  PART,  UNLESS  THE CONTRARY BE PROVED BY
 COMPETENT EVIDENCE.
   2. ANY AMOUNT PAYABLE AS A RESULT OF THIS TITLE SHALL  BE  REDUCED  BY
 ANY  AMOUNT  PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY RECIPIENT OF
 ORDINARY DEATH BENEFITS UNDER THIS TITLE.
   3. NOTWITHSTANDING ANY PROVISION OF THIS  TITLE  OR  OF  ANY  GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF THE
 WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
   (A) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
 TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND TWENTY WHICH ADDED THIS SECTION;
   (B)  ON  OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN PERSON
 TO SUCH MEMBER'S USUAL PLACE OF PUBLIC EMPLOYMENT AT  THE  DIRECTION  OF

 S. 8420                            12
 
 SUCH  MEMBER'S  PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE AS DIRECTED
 BY SUCH PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE  WAS  NOT
 SUCH MEMBER'S HOME OR RESIDENCE;
   (C)  CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE OF
 REPORTING TO WORK IN PERSON, AS CONFIRMED BY A POSITIVE LABORATORY  TEST
 OR  AS  DIAGNOSED  BEFORE  OR  AFTER  SUCH MEMBER'S DEATH BY A LICENSED,
 CERTIFIED, REGISTERED OR AUTHORIZED HEALTH CARE  PRACTITIONER  CURRENTLY
 IN  GOOD  STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE
 BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   (D) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S  DEATH,  AS  DOCU-
 MENTED  ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
 CARE PRACTITIONER DESCRIBED IN PARAGRAPH (C) OF THIS  SUBDIVISION,  SUCH
 MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
 AN  ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
 WILLFUL NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE PROVED  BY
 COMPETENT EVIDENCE.
   4.  SUCH  MEMBER'S  STATUTORY BENEFICIARY, AS DEFINED PURSUANT TO THIS
 TITLE, FOR PURPOSES OF  ACCIDENTAL  DEATH  BENEFITS  PAYABLE  FROM  SUCH
 MEMBER'S  RETIREMENT SYSTEM UNDER THIS TITLE, MAY, WITHIN NINETY DAYS OF
 THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS  OF  TWO  THOUSAND  TWENTY
 WHICH  ADDED  THIS  SECTION, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM TO
 REQUEST THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT
 BENEFIT INTO AN ACCIDENTAL DEATH BENEFIT. FOR  PURPOSES  OF  THE  SALARY
 BASE  UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH MEMBER
 SHALL BE DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT
 THE TIME OF SUCH CONVERSION, SUCH STATUTORY BENEFICIARY SHALL RELINQUISH
 ALL RIGHTS TO THE PROSPECTIVE BENEFITS  PAYABLE  UNDER  THE  SERVICE  OR
 DISABILITY RETIREMENT STATUTE, INCLUDING ANY POST-RETIREMENT DEATH BENE-
 FITS, SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE
 ONLY  BENEFICIARY  RECEIVING  OR ENTITLED TO RECEIVE A BENEFIT UNDER THE
 SERVICE OR DISABILITY RETIREMENT STATUTE INCLUDING, BUT NOT LIMITED  TO,
 A  POST-RETIREMENT  DEATH BENEFIT OR BENEFIT PAID OR PAYABLE PURSUANT TO
 THE MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS  TO
 THE STATUTORY BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE
 TO ANY OTHER STATUTORY BENEFICIARY.
   5.  IN  ORDER  TO  BE  ELIGIBLE  FOR THE PRESUMPTION DESCRIBED IN THIS
 TITLE, THE APPLICABLE RETIREMENT SYSTEM OR  SYSTEMS  ARE  AUTHORIZED  TO
 PROMULGATE  RULES  AND REGULATIONS TO ADMINISTER THIS BENEFIT INCLUDING,
 BUT NOT LIMITED TO, REQUIRING A STATEMENT TO  BE  FILED  CONFIRMING  THE
 MEMBER  CONTRACTED COVID-19 AND THE DATES AND LOCATIONS OF SUCH MEMBER'S
 EMPLOYMENT.
   § 9. The administrative code of the city of New  York  is  amended  by
 adding a new section 13-244.1 to read as follows:
   §  13-244.1  COVID-19  PRESUMPTION.    1.  NOTWITHSTANDING  ANY  OTHER
 PROVISION OF THIS TITLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW  TO  THE
 CONTRARY,  EXCEPT  FOR PURPOSES OF THE WORKERS' COMPENSATION LAW AND THE
 LABOR LAW, WHERE:
   (A) A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
 EMPLOYMENT AT THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR  TO  ANY
 ALTERNATE  WORKSITE  AS  DIRECTED  BY  SUCH PUBLIC EMPLOYER, ON OR AFTER
 MARCH FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE  WORKSITE
 WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
   (B)  SUCH  MEMBER  CONTRACTED  COVID-19,  INCLUDING BUT NOT LIMITED TO
 CORONAVIRUS, COVID, OR SARS-COV2, OR EQUIVALENT, WITHIN FORTY-FIVE  DAYS
 AFTER  REPORTING  TO WORK AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVI-
 SION, AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED  BEFORE

 S. 8420                            13

 OR  AFTER  SUCH  MEMBER'S  DEATH BY A LICENSED, CERTIFIED, REGISTERED OR
 AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY IN  GOOD  STANDING,  OR  A
 HEALTH  CARE  PRACTITIONER  AUTHORIZED  TO  PRACTICE  BY EXECUTIVE ORDER
 DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   (C)  COVID-19  CAUSED  OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
 MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A  HEALTH
 CARE  PRACTITIONER  DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION, SUCH
 MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
 AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT  OF
 WILLFUL  NEGLIGENCE  ON  THEIR  PART,  UNLESS  THE CONTRARY BE PROVED BY
 COMPETENT EVIDENCE.
   2. ANY AMOUNT PAYABLE AS A RESULT OF THIS TITLE SHALL  BE  REDUCED  BY
 ANY  AMOUNT  PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY RECIPIENT OF
 ORDINARY DEATH BENEFITS UNDER THIS TITLE.
   3. NOTWITHSTANDING ANY PROVISION OF THIS  TITLE  OR  OF  ANY  GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF THE
 WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
   (A) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
 TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND TWENTY WHICH ADDED THIS SECTION;
   (B)  ON  OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED IN PERSON
 TO SUCH MEMBER'S USUAL PLACE OF PUBLIC EMPLOYMENT AT  THE  DIRECTION  OF
 SUCH  MEMBER'S  PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE AS DIRECTED
 BY SUCH PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE  WAS  NOT
 SUCH MEMBER'S HOME OR RESIDENCE;
   (C)  CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE OF
 REPORTING TO WORK IN PERSON, AS CONFIRMED BY A POSITIVE LABORATORY  TEST
 OR  AS  DIAGNOSED  BEFORE  OR  AFTER  SUCH MEMBER'S DEATH BY A LICENSED,
 CERTIFIED, REGISTERED OR AUTHORIZED HEALTH CARE  PRACTITIONER  CURRENTLY
 IN  GOOD  STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED TO PRACTICE
 BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   (D) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S  DEATH,  AS  DOCU-
 MENTED  ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
 CARE PRACTITIONER DESCRIBED IN PARAGRAPH (C) OF THIS  SUBDIVISION,  SUCH
 MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
 AN  ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
 WILLFUL NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE PROVED  BY
 COMPETENT EVIDENCE.
   4.  SUCH  MEMBER'S  STATUTORY BENEFICIARY, AS DEFINED PURSUANT TO THIS
 TITLE, FOR PURPOSES OF  ACCIDENTAL  DEATH  BENEFITS  PAYABLE  FROM  SUCH
 MEMBER'S  RETIREMENT SYSTEM UNDER THIS TITLE, MAY, WITHIN NINETY DAYS OF
 THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS  OF  TWO  THOUSAND  TWENTY
 WHICH  ADDED  THIS  SECTION, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM TO
 REQUEST THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT
 BENEFIT INTO AN ACCIDENTAL DEATH BENEFIT. FOR  PURPOSES  OF  THE  SALARY
 BASE  UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH MEMBER
 SHALL BE DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT
 THE TIME OF SUCH CONVERSION, SUCH STATUTORY BENEFICIARY SHALL RELINQUISH
 ALL RIGHTS TO THE PROSPECTIVE BENEFITS  PAYABLE  UNDER  THE  SERVICE  OR
 DISABILITY RETIREMENT STATUTE, INCLUDING ANY POST-RETIREMENT DEATH BENE-
 FITS, SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE
 ONLY  BENEFICIARY  RECEIVING  OR ENTITLED TO RECEIVE A BENEFIT UNDER THE
 SERVICE OR DISABILITY RETIREMENT STATUTE INCLUDING, BUT NOT LIMITED  TO,
 A  POST-RETIREMENT  DEATH BENEFIT OR BENEFIT PAID OR PAYABLE PURSUANT TO
 THE MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS  TO

 S. 8420                            14
 
 THE STATUTORY BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE
 TO ANY OTHER STATUTORY BENEFICIARY.
   5.  IN  ORDER  TO  BE  ELIGIBLE  FOR THE PRESUMPTION DESCRIBED IN THIS
 TITLE, THE APPLICABLE RETIREMENT SYSTEM OR  SYSTEMS  ARE  AUTHORIZED  TO
 PROMULGATE  RULES  AND REGULATIONS TO ADMINISTER THIS BENEFIT INCLUDING,
 BUT NOT LIMITED TO, REQUIRING A STATEMENT TO  BE  FILED  CONFIRMING  THE
 MEMBER  CONTRACTED COVID-19 AND THE DATES AND LOCATIONS OF SUCH MEMBER'S
 EMPLOYMENT.
   § 10. The administrative code of the city of New York  is  amended  by
 adding a new section 13-347.1 to read as follows:
   §  13-347.1  COVID-19  PRESUMPTION.    1.  NOTWITHSTANDING  ANY  OTHER
 PROVISION OF THIS TITLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW  TO  THE
 CONTRARY,  EXCEPT  FOR PURPOSES OF THE WORKERS' COMPENSATION LAW AND THE
 LABOR LAW, WHERE:
   (A) A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
 EMPLOYMENT AT THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR  TO  ANY
 ALTERNATE  WORKSITE  AS  DIRECTED  BY  SUCH PUBLIC EMPLOYER, ON OR AFTER
 MARCH FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE  WORKSITE
 WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
   (B)  SUCH  MEMBER  CONTRACTED  COVID-19,  INCLUDING BUT NOT LIMITED TO
 CORONAVIRUS, COVID, OR SARS-COV2, OR EQUIVALENT, WITHIN FORTY-FIVE  DAYS
 AFTER  REPORTING  TO WORK AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVI-
 SION, AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED  BEFORE
 OR  AFTER  SUCH  MEMBER'S  DEATH BY A LICENSED, CERTIFIED, REGISTERED OR
 AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY IN  GOOD  STANDING,  OR  A
 HEALTH  CARE  PRACTITIONER  AUTHORIZED  TO  PRACTICE  BY EXECUTIVE ORDER
 DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   (C) COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S  DEATH,  AS  DOCU-
 MENTED  ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A HEALTH
 CARE PRACTITIONER DESCRIBED IN PARAGRAPH (B) OF THIS  SUBDIVISION,  SUCH
 MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
 AN  ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT OF
 WILLFUL NEGLIGENCE ON THEIR PART,  UNLESS  THE  CONTRARY  BE  PROVED  BY
 COMPETENT EVIDENCE.
   2.  ANY  AMOUNT  PAYABLE AS A RESULT OF THIS TITLE SHALL BE REDUCED BY
 ANY AMOUNT PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY  RECIPIENT  OF
 ORDINARY DEATH BENEFITS UNDER THIS TITLE.
   3.  NOTWITHSTANDING  ANY  PROVISION  OF  THIS TITLE OR OF ANY GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF THE
 WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
   (A) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
 TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND TWENTY WHICH ADDED THIS SECTION;
   (B) ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED  IN  PERSON
 TO  SUCH  MEMBER'S  USUAL PLACE OF PUBLIC EMPLOYMENT AT THE DIRECTION OF
 SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE  AS  DIRECTED
 BY  SUCH  PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE WAS NOT
 SUCH MEMBER'S HOME OR RESIDENCE;
   (C) CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE  OF
 REPORTING  TO WORK IN PERSON, AS CONFIRMED BY A POSITIVE LABORATORY TEST
 OR AS DIAGNOSED BEFORE OR AFTER  SUCH  MEMBER'S  DEATH  BY  A  LICENSED,
 CERTIFIED,  REGISTERED  OR AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY
 IN GOOD STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED  TO  PRACTICE
 BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   (D)  COVID-19  CAUSED  OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
 MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A  HEALTH

 S. 8420                            15
 
 CARE  PRACTITIONER  DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION, SUCH
 MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
 AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT  OF
 WILLFUL  NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE PROVED BY
 COMPETENT EVIDENCE.
   4. SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED  PURSUANT  TO  THIS
 TITLE,  FOR  PURPOSES  OF  ACCIDENTAL  DEATH  BENEFITS PAYABLE FROM SUCH
 MEMBER'S RETIREMENT SYSTEM UNDER THIS TITLE, MAY, WITHIN NINETY DAYS  OF
 THE  EFFECTIVE  DATE  OF  THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY
 WHICH ADDED THIS SECTION, APPLY TO SUCH MEMBER'S  RETIREMENT  SYSTEM  TO
 REQUEST THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT
 BENEFIT  INTO  AN  ACCIDENTAL  DEATH BENEFIT. FOR PURPOSES OF THE SALARY
 BASE UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH  MEMBER
 SHALL BE DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT
 THE TIME OF SUCH CONVERSION, SUCH STATUTORY BENEFICIARY SHALL RELINQUISH
 ALL  RIGHTS  TO  THE  PROSPECTIVE  BENEFITS PAYABLE UNDER THE SERVICE OR
 DISABILITY RETIREMENT STATUTE, INCLUDING ANY POST-RETIREMENT DEATH BENE-
 FITS, SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE
 ONLY BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A  BENEFIT  UNDER  THE
 SERVICE  OR DISABILITY RETIREMENT STATUTE INCLUDING, BUT NOT LIMITED TO,
 A POST-RETIREMENT DEATH BENEFIT OR BENEFIT PAID OR PAYABLE  PURSUANT  TO
 THE  MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO
 THE STATUTORY BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE
 TO ANY OTHER STATUTORY BENEFICIARY.
   5. IN ORDER TO BE ELIGIBLE  FOR  THE  PRESUMPTION  DESCRIBED  IN  THIS
 TITLE,  THE  APPLICABLE  RETIREMENT  SYSTEM OR SYSTEMS ARE AUTHORIZED TO
 PROMULGATE RULES AND REGULATIONS TO ADMINISTER THIS  BENEFIT  INCLUDING,
 BUT  NOT  LIMITED  TO,  REQUIRING A STATEMENT TO BE FILED CONFIRMING THE
 MEMBER CONTRACTED COVID-19 AND THE DATES AND LOCATIONS OF SUCH  MEMBER'S
 EMPLOYMENT.
   §  11.  The  administrative code of the city of New York is amended by
 adding a new section 13-544.1 to read as follows:
   §  13-544.1  COVID-19  PRESUMPTION.    1.  NOTWITHSTANDING  ANY  OTHER
 PROVISION  OF  THIS TITLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE
 CONTRARY, EXCEPT FOR PURPOSES OF THE WORKERS' COMPENSATION LAW  AND  THE
 LABOR LAW, WHERE:
   (A) A MEMBER REPORTED IN PERSON TO SUCH MEMBER'S USUAL PLACE OF PUBLIC
 EMPLOYMENT  AT  THE DIRECTION OF SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY
 ALTERNATE WORKSITE AS DIRECTED BY SUCH  PUBLIC  EMPLOYER,  ON  OR  AFTER
 MARCH  FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE WORKSITE
 WAS NOT SUCH MEMBER'S HOME OR RESIDENCE;
   (B) SUCH MEMBER CONTRACTED COVID-19,  INCLUDING  BUT  NOT  LIMITED  TO
 CORONAVIRUS,  COVID, OR SARS-COV2, OR EQUIVALENT, WITHIN FORTY-FIVE DAYS
 AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH (A) OF  THIS  SUBDIVI-
 SION,  AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE
 OR AFTER SUCH MEMBER'S DEATH BY A  LICENSED,  CERTIFIED,  REGISTERED  OR
 AUTHORIZED  HEALTH  CARE  PRACTITIONER  CURRENTLY IN GOOD STANDING, OR A
 HEALTH CARE PRACTITIONER  AUTHORIZED  TO  PRACTICE  BY  EXECUTIVE  ORDER
 DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   (C)  COVID-19  CAUSED  OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
 MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A  HEALTH
 CARE  PRACTITIONER  DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION, SUCH
 MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
 AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT  OF
 WILLFUL  NEGLIGENCE  ON  THEIR  PART,  UNLESS  THE CONTRARY BE PROVED BY
 COMPETENT EVIDENCE.

 S. 8420                            16
 
   2. ANY AMOUNT PAYABLE AS A RESULT OF THIS TITLE SHALL  BE  REDUCED  BY
 ANY  AMOUNT  PAID BY SUCH MEMBER'S RETIREMENT SYSTEM TO ANY RECIPIENT OF
 ORDINARY DEATH BENEFITS UNDER THIS TITLE.
   3.  NOTWITHSTANDING  ANY  PROVISION  OF  THIS TITLE OR OF ANY GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY, BUT EXCEPT FOR THE PURPOSES OF THE
 WORKERS' COMPENSATION LAW AND THE LABOR LAW, WHERE A MEMBER:
   (A) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST,
 TWO THOUSAND TWENTY, AND BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
 LAWS OF TWO THOUSAND TWENTY WHICH ADDED THIS SECTION;
   (B) ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, REPORTED  IN  PERSON
 TO  SUCH  MEMBER'S  USUAL PLACE OF PUBLIC EMPLOYMENT AT THE DIRECTION OF
 SUCH MEMBER'S PUBLIC EMPLOYER OR TO ANY ALTERNATE WORKSITE  AS  DIRECTED
 BY  SUCH  PUBLIC EMPLOYER, PROVIDED THAT SUCH ALTERNATE WORKSITE WAS NOT
 SUCH MEMBER'S HOME OR RESIDENCE;
   (C) CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER ANY SUCH DATE  OF
 REPORTING  TO WORK IN PERSON, AS CONFIRMED BY A POSITIVE LABORATORY TEST
 OR AS DIAGNOSED BEFORE OR AFTER  SUCH  MEMBER'S  DEATH  BY  A  LICENSED,
 CERTIFIED,  REGISTERED  OR AUTHORIZED HEALTH CARE PRACTITIONER CURRENTLY
 IN GOOD STANDING, OR A HEALTH CARE PRACTITIONER AUTHORIZED  TO  PRACTICE
 BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND
   (D)  COVID-19  CAUSED  OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCU-
 MENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS DETERMINED BY A  HEALTH
 CARE  PRACTITIONER  DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION, SUCH
 MEMBER SHALL BE DEEMED TO HAVE DIED AS A NATURAL AND PROXIMATE RESULT OF
 AN ACCIDENT SUSTAINED IN THE PERFORMANCE OF DUTY AND NOT AS A RESULT  OF
 WILLFUL  NEGLIGENCE ON HIS OR HER PART, UNLESS THE CONTRARY BE PROVED BY
 COMPETENT EVIDENCE.
   4. SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED  PURSUANT  TO  THIS
 TITLE,  FOR  PURPOSES  OF  ACCIDENTAL  DEATH  BENEFITS PAYABLE FROM SUCH
 MEMBER'S RETIREMENT SYSTEM UNDER THIS TITLE, MAY, WITHIN NINETY DAYS  OF
 THE  EFFECTIVE  DATE  OF  THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY
 WHICH ADDED THIS SECTION, APPLY TO SUCH MEMBER'S  RETIREMENT  SYSTEM  TO
 REQUEST THE CONVERSION OF SUCH MEMBER'S SERVICE OR DISABILITY RETIREMENT
 BENEFIT  INTO  AN  ACCIDENTAL  DEATH BENEFIT. FOR PURPOSES OF THE SALARY
 BASE UPON WHICH THE ACCIDENTAL DEATH BENEFIT IS CALCULATED, SUCH  MEMBER
 SHALL BE DEEMED TO HAVE DIED ON THE DATE OF SUCH MEMBER'S RETIREMENT. AT
 THE TIME OF SUCH CONVERSION, SUCH STATUTORY BENEFICIARY SHALL RELINQUISH
 ALL  RIGHTS  TO  THE  PROSPECTIVE  BENEFITS PAYABLE UNDER THE SERVICE OR
 DISABILITY RETIREMENT STATUTE, INCLUDING ANY POST-RETIREMENT DEATH BENE-
 FITS, SINCE SUCH MEMBER'S DEATH. IF THE STATUTORY BENEFICIARY IS NOT THE
 ONLY BENEFICIARY RECEIVING OR ENTITLED TO RECEIVE A  BENEFIT  UNDER  THE
 SERVICE  OR DISABILITY RETIREMENT STATUTE INCLUDING, BUT NOT LIMITED TO,
 A POST-RETIREMENT DEATH BENEFIT OR BENEFIT PAID OR PAYABLE  PURSUANT  TO
 THE  MEMBER'S OPTION SELECTION, THE ACCIDENTAL DEATH BENEFIT PAYMENTS TO
 THE STATUTORY BENEFICIARY WILL BE REDUCED BY ANY AMOUNTS PAID OR PAYABLE
 TO ANY OTHER STATUTORY BENEFICIARY.
   5. IN ORDER TO BE ELIGIBLE  FOR  THE  PRESUMPTION  DESCRIBED  IN  THIS
 TITLE,  THE  APPLICABLE  RETIREMENT  SYSTEM OR SYSTEMS ARE AUTHORIZED TO
 PROMULGATE RULES AND REGULATIONS TO ADMINISTER THIS  BENEFIT  INCLUDING,
 BUT  NOT  LIMITED  TO,  REQUIRING A STATEMENT TO BE FILED CONFIRMING THE
 MEMBER CONTRACTED COVID-19 AND THE DATES AND LOCATIONS OF SUCH  MEMBER'S
 EMPLOYMENT.
   §  12. The heads and boards of the retirement systems described herein
 are hereby authorized to promulgate rules and regulations  to  implement
 the  provisions of this act, including guidance on what shall constitute

 S. 8420                            17
 
 a positive diagnosis of COVID-19 from a health care professional in  the
 absence of a laboratory test.
   § 13. Notwithstanding any other provision of law to the contrary, none
 of  the  provisions  of  this  act shall be subject to section 25 of the
 retirement and social security law.
   § 14. 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 the provisions of this act shall expire and be deemed repealed upon
 the later of December 31, 2020 or the expiration of the  declared  state
 of emergency relating to the novel coronavirus (COVID-19); and provided,
 further,  that the superintendent of financial services shall notify the
 legislative bill drafting commission upon occurrence of  the  expiration
 of  the  state disaster emergency declared by executive order number 202
 and any further amendments or  modifications,  and  as  may  be  further
 extended  pursuant to section 28 of the executive law, in order that the
 commission may maintain an accurate and timely effective  data  base  of
 the official text of the laws of the state of New York in furtherance of
 effectuating  the  provisions  of  section 44 of the legislative law and
 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:

 S. 8420                            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

 S. 8420                            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-

 S. 8420                            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

 S. 8420                            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-

 S. 8420                            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.