Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 30, 2020 | signed chap.89 delivered to governor |
May 28, 2020 | returned to senate passed assembly message of necessity - 3 day message ordered to third reading rules cal.59 substituted for a10528 |
May 28, 2020 | substituted by s8427 rules report cal.59 reported reported referred to rules referred to ways and means |
assembly Bill A10528
Signed By Governor2019-2020 Legislative Session
Relates to establishing a coronavirus disease 2019 (COVID-19) public employee death benefit
Sponsored By
ABBATE
Archive: Last Bill Status Via S8427 - Signed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
Your Voice
Actions
-
view actions (12)
Votes
-
view votes
May 28, 2020 - floor Vote
S8427610floor61Aye0Nay0Absent1Excused0Abstained-
show floor vote details
Floor Vote: May 28, 2020
aye (61)- Addabbo
- Akshar
- Amedore
- Bailey
- Benjamin
- Biaggi
- Borrello
- Boyle
- Breslin
- Brooks
- Carlucci
- Comrie
- Felder
- Flanagan
- Funke
- Gallivan
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Helming
- Hoylman-Sigal
- Jackson
- Jacobs
- Jordan
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Lanza
- LaValle
- Little
- Liu
- Martinez
- May
- Mayer
- Metzger
- Montgomery
- Myrie
- O'Mara
- Ortt
- Parker
- Persaud
- Ramos
- Ranzenhofer
- Rivera
- Robach
- Salazar
- Sanders
- Savino
- Sepúlveda
- Serino
- Serrano
- Seward
- Skoufis
- Stavisky
- Stewart-Cousins
- Tedisco
- Thomas
excused (1)
May 28, 2020 - Rules committee Vote
S8427190committee19Aye0Nay0Aye with Reservations0Absent0Excused0Abstained -
show floor vote details
Co-Sponsors
Carl Heastie
Crystal Peoples-Stokes
Helene Weinstein
Thomas Abinanti
- view additional co-sponsors
Carmen E. Arroyo
Jeffrion Aubry
Brian Barnwell
Didi Barrett
Charles Barron
Michael Benedetto
Rodneyse Bichotte
Michael Blake
Edward Braunstein
Harry B. Bronson
David Buchwald
Patrick Burke
Marianne Buttenschon
Kevin Cahill
Robert C. Carroll
William Colton
Vivian Cook
Marcos Crespo
Catalina Cruz
Michael Cusick
Steven Cymbrowitz
Taylor Darling
Maritza Davila
Carmen De La Rosa
Michael DenDekker
Inez E. Dickens
Erik Dilan
Jeffrey Dinowitz
Anthony D'Urso
Simcha Eichenstein
Steven Englebright
Harvey Epstein
Patricia Fahy
Charles Fall
Nathalia Fernandez
Mathylde Frontus
Sandy Galef
David Gantt
Deborah Glick
Richard Gottfried
Judy Griffin
Aileen Gunther
Andrew Hevesi
Pamela J. Hunter
Alicia Hyndman
Jonathan Jacobson
Ellen C. Jaffee
Kimberly Jean-Pierre
Billy Jones
Latoya Joyner
Ron Kim
Charles Lavine
Joseph Lentol
Barbara Lifton
Donna Lupardo
William Magnarelli
John T. McDonald III
Karen McMahon
Michael G. Miller
Walter T. Mosley
Yuh-Line Niou
Catherine Nolan
Daniel O'Donnell
Felix Ortiz
Steven Otis
Amy Paulin
N. Nick Perry
Stacey Pheffer Amato
Victor M. Pichardo
J. Gary Pretlow
Dan Quart
Philip Ramos
Karines Reyes
Diana Richardson
Jose Rivera
Robert J. Rodriguez
Daniel Rosenthal
Linda Rosenthal
Nily Rozic
Sean Ryan
Angelo Santabarbara
Nader sayegh
Robin Schimminger
Rebecca Seawright
Jo Anne Simon
Aravella Simotas
Michaelle C. Solages
Phil Steck
Steve Stern
Albert A. Stirpe
Al Taylor
Fred Thiele
Clyde Vanel
Latrice Walker
Monica P. Wallace
Edward Ra
David Weprin
Jaime R. Williams
Carrie Woerner
Tremaine Wright
Kenneth Zebrowski
A10528 (ACTIVE) - Details
- See Senate Version of this Bill:
- S8427
- Law Section:
- Retirement and Social Security Law
- Laws Affected:
- 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
- Versions Introduced in 2021-2022 Legislative Session:
-
A3988
A10528 (ACTIVE) - Summary
Establishes a coronavirus disease 2019 (COVID-19) public employee death benefit for individuals who reported to their usual place of employment or an alternate worksite at the direction of their employer on or after March 1, 2020 and such individual contracted COVID-19 within 45 days of reporting to such workplace as confirmed by a laboratory test or by a licensed physician and such individual died on or before December 31, 2020.
A10528 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10528 I N A S S E M B L Y May 28, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abbate, Heastie, Peoples-Stokes, Weinstein, Abinanti, Arroyo, Aubry, Barnwell, Barrett, Barron, Benedetto, Bichotte, Blake, Braunstein, Bronson, Buchwald, Burke, Buttenschon, Cahill, Carroll, Colton, Cook, Crespo, Cruz, Cusick, Cymbrowitz, Darling, Davila, De La Rosa, DenDekker, Dickens, Dilan, Dinowitz, D'Urso, Eichenstein, Englebright, Epstein, Fahy, Fall, Fernandez, Frontus, Galef, Gantt, Glick, Gottfried, Grif- fin, Gunther, Hevesi, Hunter, Hyndman, Jacobson, Jaffee, Jean-Pierre, Jones, Joyner, Kim, Lavine, Lentol, Lifton, Lupardo, Magnarelli, McDo- nald, McMahon, M. G. Miller, Mosley, Niou, Nolan, O'Donnell, Ortiz, Otis, Paulin, Perry, Pheffer Amato, Pichardo, Pretlow, Quart, Ramos, Reyes, Richardson, Rivera, Rodriguez, D. Rosenthal, L. Rosenthal, Rozic, Ryan, Santabarbara, Sayegh, Schimminger, Seawright, Simon, Simotas, Solages, Steck, Stern, Stirpe, Taylor, Thiele, Vanel, Walker, Wallace, Weprin, Williams, Woerner, Wright, Zebrowski) -- (at request of the Governor) -- read once and referred to the Committee on Ways and Means AN ACT to amend the retirement and social security law, the education law, the public authorities law and the administrative code of the city of New York, in relation to establishing a coronavirus disease 2019 (COVID-19) benefit for public employee death benefits; and providing for the repeal of such provisions upon the expiration there- of THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 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 BENEFIT. A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12055-04-0 A. 10528 2 MARCH FIRST, TWO THOUSAND TWENTY, PROVIDED THAT SUCH ALTERNATE WORKSITE WAS NOT SUCH MEMBER'S HOME OR RESIDENCE; 2. SUCH MEMBER CONTRACTED COVID-19 WITHIN FORTY-FIVE DAYS AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVISION AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER- GENCY; AND 3. SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN PARAGRAPH TWO OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO RECEIVE AN ORDINARY DEATH BENEFIT. 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, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER: (I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY; (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 PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND (IV) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI- DENTAL DEATH BENEFIT. 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 SUCH MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICHEVER IS LATER, APPLY TO SUCH MEMBER'S RETIREMENT SYSTEM TO REQUEST THE A. 10528 3 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 BENEFIT 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 EMPLOY- MENT. § 2. The retirement and social security law is amended by adding a new section 361-b to read as follows: § 361-B. COVID-19 BENEFIT. A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, 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 WITHIN FORTY-FIVE DAYS AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVISION AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER- GENCY; AND 3. SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN PARAGRAPH TWO OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO RECEIVE AN ORDINARY DEATH BENEFIT. 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, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER: A. 10528 4 (I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY; (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 PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND (IV) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI- DENTAL DEATH BENEFIT. 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 SUCH MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICHEVER IS LATER, 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 BENEFIT 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 EMPLOY- MENT. § 3. The retirement and social security law is amended by adding a new section 509-a to read as follows: § 509-A. COVID-19 BENEFIT. A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE: A. 10528 5 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 WITHIN FORTY-FIVE DAYS AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVISION AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER- GENCY; AND 3. SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN PARAGRAPH TWO OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO RECEIVE AN ORDINARY DEATH BENEFIT. 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, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER: (I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY; (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 PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND (IV) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI- DENTAL DEATH BENEFIT. 2. SUCH MEMBER'S STATUTORY BENEFICIARY, AS DEFINED UNDER THIS ARTICLE, FOR PURPOSES OF ACCIDENTAL DEATH BENEFITS PAYABLE FROM SUCH MEMBER'S A. 10528 6 RETIREMENT SYSTEM UNDER THIS ARTICLE, MAY, WITHIN NINETY DAYS OF SUCH MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICHEVER IS LATER, 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 BENEFIT 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 EMPLOY- MENT. § 4. The retirement and social security law is amended by adding a new section 607-i to read as follows: § 607-I. COVID-19 BENEFIT. A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, 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 WITHIN FORTY-FIVE DAYS AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH ONE OF THIS SUBDIVISION AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER- GENCY; AND 3. SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN PARAGRAPH TWO OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO RECEIVE AN ORDINARY DEATH BENEFIT. 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. A. 10528 7 C. 1. NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER: (I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY; (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 PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND (IV) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI- DENTAL DEATH BENEFIT. 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 SUCH MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICHEVER IS LATER, 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 BENEFIT 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 EMPLOY- MENT. § 5. Section 512 of the education law is amended by adding a new subdivision h to read as follows: A. 10528 8 H. 1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, 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 WITHIN FORTY-FIVE DAYS AFTER REPORTING TO WORK AS DESCRIBED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER- GENCY; AND (C) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN SUBPARAGRAPH (B) OF THIS PARAGRAPH WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO RECEIVE AN ORDINARY DEATH BENEFIT. 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, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER: (I) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY; (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 PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND (IV) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN CLAUSE (III) OF THIS SUBPARAGRAPH WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION A. 10528 9 OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI- DENTAL DEATH BENEFIT. (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 SUCH MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICHEVER IS LATER, 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. 4. IN ORDER TO BE ELIGIBLE FOR THE BENEFIT DESCRIBED IN THIS SUBDIVI- SION, 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. § 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, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, 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 WITHIN FORTY-FIVE DAYS AFTER REPORTING TO WORK AS DESCRIBED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER- GENCY; AND (III) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOU- SAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO RECEIVE AN ORDINARY DEATH BENEFIT. A. 10528 10 (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, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER: (1) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY; (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 PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND (4) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN CLAUSE THREE OF THIS SUBPARAGRAPH WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI- DENTAL DEATH BENEFIT. (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 SUCH MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICHEVER IS LATER, 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 BENEFIT DESCRIBED IN THIS SUBDIVI- SION, 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. A. 10528 11 § 7. Section 1266-h of the public authorities law is amended by adding a new subdivision 8 to read as follows: 8. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, 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 WITHIN FORTY-FIVE DAYS AFTER REPORTING TO WORK PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER- GENCY; AND (III) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOU- SAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO RECEIVE AN ORDINARY DEATH BENEFIT. (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, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER: (1) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY; (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 PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND (4) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN SUBPARAGRAPH THREE OF THIS PARAGRAPH WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE A. 10528 12 MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI- DENTAL DEATH BENEFIT. (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 SUCH MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICHEVER IS LATER, 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. (E) IN ORDER TO BE ELIGIBLE FOR THE BENEFIT DESCRIBED IN THIS SUBDIVI- SION, 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. § 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 BENEFIT. 1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, 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 WITHIN FORTY-FIVE DAYS AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER- GENCY; AND (C) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN A. 10528 13 ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO RECEIVE AN ORDINARY DEATH BENEFIT. 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, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER: (A) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY; (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 PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND (D) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI- DENTAL DEATH BENEFIT. 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 SUCH MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICH- EVER IS LATER, 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. 5. IN ORDER TO BE ELIGIBLE FOR THE BENEFIT 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 A. 10528 14 CONTRACTED COVID-19 AND THE DATES AND LOCATIONS OF SUCH MEMBER'S EMPLOY- MENT. § 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 BENEFIT. 1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, 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 WITHIN FORTY-FIVE DAYS AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER- GENCY; AND (C) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO RECEIVE AN ORDINARY DEATH BENEFIT. 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, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER: (A) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY; (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 PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND (D) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN A. 10528 15 PARAGRAPH (C) OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI- DENTAL DEATH BENEFIT. 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 SUCH MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICH- EVER IS LATER, 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. 5. IN ORDER TO BE ELIGIBLE FOR THE BENEFIT 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 EMPLOY- MENT. § 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 BENEFIT. 1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, 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 WITHIN FORTY-FIVE DAYS AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER- GENCY; AND (C) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE A. 10528 16 DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO RECEIVE AN ORDINARY DEATH BENEFIT. 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, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER: (A) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY; (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 PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND (D) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI- DENTAL DEATH BENEFIT. 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 SUCH MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICH- EVER IS LATER, 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. 5. IN ORDER TO BE ELIGIBLE FOR THE BENEFIT DESCRIBED IN THIS TITLE, THE APPLICABLE RETIREMENT SYSTEM OR SYSTEMS ARE AUTHORIZED TO PROMULGATE A. 10528 17 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 EMPLOY- MENT. § 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 BENEFIT. 1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, 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 WITHIN FORTY-FIVE DAYS AFTER REPORTING TO WORK AS DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, AS CONFIRMED BY A POSITIVE LABORATORY TEST OR AS DIAGNOSED BEFORE OR AFTER SUCH MEMBER'S DEATH BY A LICENSED, CERTIFIED, REGISTERED OR AUTHORIZED PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMER- GENCY; AND (C) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT, UNLESS SUCH STATUTORY BENEFICIARY ELECTS TO RECEIVE AN ORDINARY DEATH BENEFIT. 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, AND SOLELY FOR THE PURPOSE OF DETERMINING ELIGIBILITY FOR BENEFITS UNDER THIS SECTION, WHERE A MEMBER: (A) RETIRED FROM HIS OR HER RETIREMENT SYSTEM ON OR AFTER MARCH FIRST, TWO THOUSAND TWENTY, AND BEFORE JULY FIRST, TWO THOUSAND TWENTY; (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 PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT CURRENTLY IN GOOD STANDING IN ANY STATE OR THE DISTRICT OF COLUMBIA, OR A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT AUTHORIZED TO PRACTICE IN NEW YORK BY EXECUTIVE ORDER DURING THE DECLARED COVID-19 STATE OF EMERGENCY; AND (D) SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY, AND COVID-19 CAUSED OR CONTRIBUTED TO SUCH MEMBER'S DEATH, AS A. 10528 18 DOCUMENTED ON SUCH MEMBER'S DEATH CERTIFICATE, OR AS CERTIFIED BY A PHYSICIAN, NURSE PRACTITIONER, OR PHYSICIAN'S ASSISTANT DESCRIBED IN PARAGRAPH (C) OF THIS SUBDIVISION WHO DETERMINES WITH A REASONABLE DEGREE OF MEDICAL CERTAINTY THAT COVID-19 CAUSED OR CONTRIBUTED TO THE MEMBER'S DEATH, SUCH MEMBER'S STATUTORY BENEFICIARY SHALL RECEIVE AN ACCIDENTAL DEATH BENEFIT IF SUCH STATUTORY BENEFICIARY ELECTS CONVERSION OF THE MEMBER'S SERVICE OR DISABILITY RETIREMENT BENEFIT INTO AN ACCI- DENTAL DEATH BENEFIT. 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 SUCH MEMBER'S RETIREMENT OR SEPTEMBER FIRST, TWO THOUSAND TWENTY, WHICH- EVER IS LATER, 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. 5. IN ORDER TO BE ELIGIBLE FOR THE BENEFIT 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 EMPLOY- MENT. § 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 a positive diagnosis of COVID-19 from a physician, nurse practitioner, or physician's assistant 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 on December 31, 2020. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: This bill would amend sections of the Education Law and the Retirement and Social Security Law to provide an enhanced death benefit to the beneficiary of an eligible member of the New York State Teachers' Retirement System (NYSTRS) who died due to contracting COVID-19. A member must have reported to work on or after March 1, 2020, and contracted COVID-19 within 45 days of reporting to work, and then died on or before December 31, 2020 either due to COVID-19, or had COVID-19 as a contributing factor in the member's death. The member's statutory beneficiary can elect to receive either the accidental death benefit, consisting of a lifetime annuity of 50% of the member's most recent A. 10528 19 year's salary, or the ordinary death benefit, generally consisting of a lump sum equal to three times the member's salary. If any ordinary death benefit has already been paid it will be used as an offset against the accidental death benefit. If a member retired on or after March 1, 2020 but before July 1, 2020, reported to work at the direction of such member's employer, contracted COVID-19 within 45 days of reporting to work, and then died on or before December 31, 2020 either due to COVID- 19, or had COVID-19 as a contributing factor in the member's death, the member's statutory beneficiary may, within 90 days of such member's retirement, or September 1, 2020, whichever is later, elect to convert the retirement benefit into an accidental death benefit. Any other benefit paid will be used as an offset against the accidental death benefit. This act shall be deemed to have been in full force and effect as of March 1, 2020, but shall expire and be deemed repealed as of December 31, 2020. Under current law, the beneficiary of an active member who dies in service with three or more years of service is generally eligible for a benefit equal to three times the member's most recent year's salary. Currently, the beneficiary of a retiree who dies within the first year of retirement is generally eligible for a benefit equal to one and one- half times the retiree's last year of salary, and possibly, depending upon the retiree's benefit option elected at retirement, a continuation of all or a portion of the retiree's monthly benefit. The overall cost of this bill cannot be readily determined as the ultimate number of COVID-19 deaths cannot be determined at this time. It is estimated that it will provide on average an additional 3 to 4 times salary. The average cost per individual member impacted, however, in terms of additional present value of liability, is estimated as follows: Member age 30: $210,000 Member age 40: $300,000 Member age 50: $310,000 Eligible retirees: Anticipated overall negligible cost, given that NYSTRS expects to receive no more than a handful of cases. The actual cost per member would be dependent on the member and bene- ficiary's age, tier, years of service, and salary, and for retirees the optional form of payment elected at retirement. The costs above are determined based on averages, so the actual cost for a member could be higher or lower. The cost for an eligible retiree could vary greatly depending upon the option chosen at retirement. Member data is from the System's most recent actuarial valuation files, consisting of data provided by the employers to the Retirement System. Data distributions and statistics can be found in the System's Comprehensive Annual Financial Report (CAFR). System assets are as reported in the System's financial statements and can also be found in the CAFR. Actuarial assumptions and methods are provided in the System's Actuarial Valuation Report. The source of this estimate is Fiscal Note 2020-30 dated May 28, 2020 prepared by the Actuary of the New York State Teachers' Retirement System and is intended for use only during the 2020 Legislative Session. I, Richard A. Young, am the Actuary for the New York State Teachers' Retirement System. I am a member of the American Academy of Actuaries and I meet the Qualification Standards of the American Academy of Actu- aries to render the actuarial opinion contained herein. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: A. 10528 20 This bill would allow a beneficiary of any member of a public retire- ment system to be paid an accidental death benefit, as if the member died in the performance and discharge of duty, provided that the member a. physically reported for work on or after March 1, 2020, and b. contracted COVID-19 within 45 days from such a work date, and c. died from such disease on or before December 31, 2020. A positive test result, death certificate citing COVID-19, or certif- ication by certain medical personnel is sufficient to establish contraction and death from COVID-19. The accidental death benefit would be based on the member's plan coverage. This bill also would create benefits payable under the Public Authorities Law. Insofar as this bill will affect the New York State and Local Employ- ees' Retirement System (ERS) and the New York State and Local Police and Fire Retirement System (PFRS), qualifying COVID-19 deaths which current- ly are considered ordinary deaths will be treated as accidental deaths. The cost of the proposed benefit will depend upon the applicant's age, service, salary, plan, and benefit type otherwise payable. Service Retirement Eligible: Yes No PFRS benefit increase/cost: 8 times salary 13 times salary ERS benefit increase/cost: 3.5 times salary 3.5 times salary The number of members who could be affected by this legislation cannot be readily determined. However, all of ERS and PFRS members will be covered and eligible for these benefits, including new hires through the expiration of the coverage provided under this legislation. All costs incurred in the PFRS will be shared by the State of New York and all the participating employers in the PFRS. All costs incurred in the ERS will be shared by the State of New York and all the participating employers in the ERS. In addition to these per person costs, there would be annual increases in administrative and legal costs to implement the provisions of this legislation. Summary of relevant resources: The membership data used in measuring the impact of the proposed change was the same as that used in the March 31, 2019 actuarial valu- ation. Distributions and other statistics can be found in the 2019 Report of the Actuary and the 2019 Comprehensive Annual Financial Report. The actuarial assumptions and methods used are described in the 2015, 2016, 2017, 2018, and 2019 Annual Report to the Comptroller on Actuarial Assumptions, and the Codes, Rules and Regulations of the State of New York: Audit and Control. The Market Assets and GASB Disclosures are found in the March 31, 2019 New York State and Local Retirement System Financial Statements and Supplementary Information. I am a member of the American Academy of Actuaries and meet the Quali- fication Standards to render the actuarial opinion contained herein. This fiscal note does not constitute a legal opinion on the viability of the proposed change nor is it intended to serve as a substitute for the professional judgment of an attorney. This estimate, dated May 28, 2020, and intended for use only during the 2020 Legislative Session, is Fiscal Note No. 2020-121, prepared by the Actuary for the New York State and Local Retirement System. FISCAL NOTE.--Pursuant to Legislative Law, Section 50: A. 10528 21 SUMMARY OF BILL: This proposed legislation (see Appendix), as it relates to the New York City Pension Funds and Retirement Systems (NYCRS), would add new Sections to the Retirement and Social Security Law (RSSL), the Administrative Code of the City of New York (ACCNY), and the Education Law to provide Accidental Death Benefits, less other stat- utory benefits paid or payable, to beneficiaries of certain members and retirees of NYCRS who physically reported to non-home work sites on and after March 1, 2020 and died on or before December 31, 2020 due to Coro- navirus Disease 2019 (COVID-19) that was contracted within 45 days of such reporting to work. Beneficiaries of deceased members, including beneficiaries of those who retired between March 1, 2020 and July 1, 2020, who meet the enumer- ated qualifications would be eligible for an Accidental Death Benefit, less any other statutory benefits paid or payable. In determining whether Accidental Death Benefits should be awarded, a deceased member or retiree must have a positive lab test for COVID-19 within 45 days of reporting to such work assignment, or have been diag- nosed with such condition, within the same period, from a qualified medical provider, either before or after the member's or retiree's death. The beneficiary of such deceased member or retiree would also have to show that that COVID-19 was the cause or contributing factor in the member's or retiree's death, as documented by a death certificate or by a qualified health care provider. Effective Date: Upon enactment, and retroactive to March 1, 2020, except that the provisions would expire upon the later of December 31, 2020 and the date of the expiration of the state disaster emergency declared by the Governor in executive order number 202. IMPACT ON BENEFITS PAYABLE: Under the proposed legislation, the bene- fits payable to beneficiaries of active members of NYCRS who die due to COVID-19 would be revised from a lump sum Ordinary Death Benefit gener- ally equal to three times a member's last salary to a lifetime Acci- dental Death Benefit equal to 50% of Final Average Salary plus, if applicable, the Special Accidental Death Benefit payable under General Municipal Law section 208-f. Accidental Death Benefits, less any other benefits paid or payable, are also payable to beneficiaries of those who retired between March 1, 2020 and July 1, 2020 and died due to COVID-19. Costs for these retirees, due to the limited scope and unknown optional payments, are not included in this Fiscal Note. FINANCIAL IMPACT - OVERVIEW: There is no data available to estimate the number of members who might die due to COVID-19 and potentially benefit from this proposed legislation. Therefore, the estimated finan- cial impact has been calculated on a per event basis equal to the increase in the Present Value of Future Benefits (PVFB) for an average member who dies from COVID-19 and would benefit from the proposed legis- lation. With respect to an individual member, the additional cost of this proposed legislation could vary greatly depending on the member's length of service, age, and salary history. FINANCIAL IMPACT - PRESENT VALUES: Based on the census data and the actuarial assumptions and methods described herein, the enactment of this proposed legislation would result in an increase in PVFB. A break- down of the PVFB by NYCRS on average for each occurrence of death is shown in the table below. Estimated Additional Present Value of Future Benefits due to COVID-19 Death A. 10528 22 NYCERS TRS BERS Age < 40 $ 543,300 $ 326,200 $ 256,000 40 <= Age < 60 398,700 297,500 172,100 Age >= 60 210,200 188,800 105,900 All Ages $ 406,700 $ 296,700 $ 174,800 POLICE FIRE All Systems Age < 40 $ 1,926,300 $ 1,816,100 $ 731,600 40 <= Age < 60 2,226,300 2,302,700 534,000 Age >= 60 1,695,600 1,633,600 204,400 All Ages $ 2,042,700 $ 2,055,400 $ 557,200 FINANCIAL IMPACT - ANNUAL EMPLOYER CONTRIBUTIONS: Enactment of this proposed legislation would increase employer contributions, where such amount would depend on the number of members affected as well as other characteristics including the age, years of service, and salary history of the member. As there is no data currently available to estimate the number of members who might die from COVID-19, the financial impact would be recognized at the time of event. Consequently, changes in employer contributions have been estimated assuming that the increase in the PVFB will be financed over the same time period used for actuarial losses in accordance with Section 13-638.2(k-2) of the ACCNY. Using this approach, the additional PVFB would be amortized over a closed 15-year period (14 payments under the One-Year Lag Methodology) using level dollar payments. Based on the Actuary's actuarial assumptions and methods in effect as of June 30, 2019, the enactment of this proposed legislation is esti- mated to increase annual employer contributions on average for each death benefit due to COVID-19 as shown in the table below. Estimated Additional Annual Employer Contributions due to COVID-19 Death NYCERS TRS BERS Age < 40 $ 64,300 $ 38,600 $ 30,300 40 <= Age < 60 47,200 35,200 20,400 Age >= 60 24,900 22,300 12,500 All Ages $ 48,100 $ 35,100 $ 20,300 POLICE FIRE All Systems Age < 40 $ 227,800 $ 214,800 $ 86,500 40 <= Age < 60 263,300 272,400 63,200 Age >= 60 200,600 193,200 24,200 All Ages $ 241,600 $ 243,100 $ 65,900 With respect to the timing, increases in employer contributions would depend upon when members die due to COVID-19 but, generally, increased employer contributions will first occur the second fiscal year following approval of the performance of duty death benefit. CENSUS DATA: The estimates presented herein are based on the census data used in the Preliminary June 30, 2019 (Lag) actuarial valuation of NYCRS to determine the Preliminary Fiscal Year 2021 employer contrib- utions. Counts NYCERS TRS BERS Age < 40 52,782 48,861 4,810 40 <= Age < 60 106,335 60,632 14,809 Age >= 60 32,384 13,843 6,206 All Ages 191,501 123,336 25,825 A. 10528 23 Counts POLICE FIRE All Systems Age < 40 21,945 5,369 133,767 40 <= Age < 60 14,267 5,623 201,666 Age >= 60 189 252 52,874 All Ages 36,401 11,244 388,307 Average Age NYCERS TRS BERS Age < 40 33.0 32.5 33.3 40 <= Age < 60 50.1 48.7 50.7 Age >= 60 64.1 64.3 64.5 All Ages 47.7 44.1 50.8 Average Age POLICE FIRE All Systems Age < 40 32.1 32.7 32.7 40 <= Age < 60 46.1 47.0 49.3 Age >= 60 61.9 61.9 64.2 All Ages 37.7 40.5 45.6 Average Service NYCERS TRS BERS Age < 40 4.7 5.8 3.5 40 <= Age < 60 13.6 14.9 9.1 Age >= 60 19.7 19.8 14.0 All Ages 12.2 11.8 9.2 Average Service POLICE FIRE All Systems Age < 40 7.0 6.6 5.5 40 <= Age < 60 18.7 19.7 14.2 Age >= 60 31.7 34.9 19.2 All Ages 11.7 13.8 11.9 Average Salary NYCERS TRS BERS Age < 40 $ 68,800 $ 78,800 $ 58,700 40 <= Age < 60 81,800 95,900 52,700 Age >= 60 81,900 89,700 46,700 All Ages $ 78,200 $ 88,400 $ 52,400 Average Salary POLICE FIRE All Systems Age < 40 $ 101,800 $ 93,600 $ 78,500 40 <= Age < 60 138,800 141,300 89,600 Age >= 60 163,300 158,200 80,500 All Ages $ 116,600 $ 118,900 $ 84,500 ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the PVFB and annual employer contributions presented herein have been calculated based on the actuarial assumptions and methods in effect for the June 30, 2019 (Lag) actuarial valuations used to determine the Preliminary Fiscal Year 2021 employer contributions of NYCRS. RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend highly on the realization of the actuarial assumptions used, as well as certain demographic characteristics of NYCRS and other exogenous factors such as investment, contribution, and other risks. If actual experience deviates from actuarial assumptions, the actual costs could differ from those presented herein. Costs are also dependent on the actuarial meth- ods used, and therefore different actuarial methods could produce different results. Quantifying these risks is beyond the scope of this Fiscal Note. Not measured in this Fiscal Note are the following: * The initial, additional administrative costs to implement the proposed legislation. A. 10528 24 * The impact of this proposed legislation on Other Postemployment Benefit (OPEB) costs. STATEMENT OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief Actu- ary for, and independent of, the New York City Retirement Systems and Pension Funds. I am a Fellow of the Society of Actuaries, an Enrolled Actuary under the Employee Retirement Income and Security Act of 1974, a Member of the American Academy of Actuaries, and a Fellow of the Confer- ence of Consulting Actuaries. I meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. To the best of my knowledge, the results contained herein have been prepared in accordance with generally accepted actuarial principles and procedures and with the Actuarial Standards of Practice issued by the Actuarial Standards Board. FISCAL NOTE IDENTIFICATION: This Fiscal Note 2020-45 dated May 28, 2020 was prepared by the Chief Actuary for the five New York City Retirement Systems and Pension Funds. This estimate is intended for use only during the 2020 Legislative Session.