S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3988
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2021
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Governmental Employees
 
 AN  ACT  to  amend the retirement and social security law, 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08806-02-1
              

 A. 3988                             2
 
   3. SUCH MEMBER DIED ON OR BEFORE DECEMBER THIRTY-FIRST,  TWO  THOUSAND
 TWENTY-TWO,  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
 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

 A. 3988                             3
 
 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-TWO, 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

 A. 3988                             4

 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:
   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

 A. 3988                             5
 
 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-TWO, 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
 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

 A. 3988                             6
 
 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-TWO,  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,

 A. 3988                             7
 
 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:
   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

 A. 3988                             8
 
 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-TWO, 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
 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,

 A. 3988                             9
 
 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-TWO,  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 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;

 A. 3988                            10
 
   (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.
   § 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

 A. 3988                            11
 
 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-TWO,  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
 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

 A. 3988                            12
 
 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-TWO,  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

 A. 3988                            13
 
 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
 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;

 A. 3988                            14
 
   (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-TWO, 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
 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

 A. 3988                            15

 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-TWO,  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;

 A. 3988                            16
 
   (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
 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

 A. 3988                            17
 
 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-TWO, 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
 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-

 A. 3988                            18
 
 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, 2022.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   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,
   b) contracted COVID-19 within 45 days from such work date, and
   c) died from such disease on or before December 31, 2022.
   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 would 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

 A. 3988                            19
 
   The number of members and retirees  who  could  be  affected  by  this
 legislation  cannot  be  readily  determined.  However, all ERS and PFRS
 members will be covered and eligible for these benefits,  including  new
 hires  through the expiration of the coverage provided under this legis-
 lation.  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:
   Membership  data as of March 31, 2020 was used in measuring the impact
 of the proposed change, the same data used in the April 1, 2020 actuari-
 al valuation.  Distributions and other statistics can be  found  in  the
 2020  Report  of the Actuary and the 2020 Comprehensive Annual Financial
 Report.
   The actuarial assumptions and methods used are described in  the  2020
 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, 2020
 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 January 22,  2021,  and  intended  for  use  only
 during  the  2021  Legislative  Session,  is  Fiscal  Note  No. 2021-50,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would extend the provisions of the COVID-19 enhanced death
 benefit provided under Chapter 89 of the Laws of 2020 until December 31,
 2022 on account of eligible active members of the New York State  Teach-
 ers'  Retirement  System  (NYSTRS)  who die due to contracting COVID-19.
 Chapter 89 of the Laws of 2020 provides a member's statutory beneficiary
 with the accidental death benefit, consisting of a lifetime  annuity  of
 50%  of  the  member's  most recent year's salary. Under current law the
 death benefit on account of an active member who dies in service not due
 to COVID-19 with three or more years of active  service  is  a  lump-sum
 benefit  equal to three times the member's most recent year's salary. An
 active 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
 either due to COVID-19, or had COVID-19 as a contributing factor in  the
 member's death.
   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  cost  per
 member  of  3  to 4 times salary. The average cost per individual member
 impacted in terms of the additional present value of liability, is esti-
 mated as follows:
     Member age 30: $220,000
     Member age 40: $300,000

 A. 3988                            20
 
     Member age 50: $310,000
   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.
   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 2021-20 dated January 21,
 2021 prepared by the Actuary of the New York State Teachers'  Retirement
 System and is intended for use only during the 2021 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, as it relates to  the  New
 York  City  Retirement  Systems and Pension Funds (NYCRS), would add new
 Sections to the Retirement and Social Security Law (RSSL), the  Adminis-
 trative  Code  of the City of New York (ACCNY), and the Education Law to
 provide Accidental Death Benefits, less other statutory 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, 2022 due to Coronavirus Disease  2019
 (COVID-19) that was contracted within 45 days of such reporting to work.
   This  proposed  legislation  extends  certain  provisions contained in
 Chapter 89 of the Laws of 2020 that was set to expire  on  December  31,
 2020,  but  has  been  extended  beyond December 31, 2020 on a temporary
 basis by Executive Order.
   Beneficiaries of deceased members, including  beneficiaries  of  those
 who  retired  between March 1, 2020 and December 31, 2020 and died on or
 before December 31, 2020, who meet the enumerated  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 shall expire and be deemed repealed on Decem-
 ber 31, 2022.
   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

 A. 3988                            21
 
 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 December 31, 2020 and died due to
 COVID-19  on  or before December 31, 2020. 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 very limited data available to
 estimate the number of members who might die due to COVID-19 and  poten-
 tially  benefit from this proposed legislation. Therefore, the estimated
 financial 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
 
             NYCERS    TRS       BERS     POLICE       FIRE      All
                                                                  Systems
   Age<40     $531,900 $343,600  $263,600  $1,974,800 $1,856,400 $743,400
   40<=Age<60  408,200  314,300   179,800   2,267,100  2,332,300  548,400
   Age>=60     247,400  225,200   126,600   1,696,100  1,623,200  239,100
     All Ages $415,100 $315,900  $182,600  $2,087,900 $2,089,100 $573,400
   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  very  limited  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  described
 herein,  the  enactment  of  this  proposed  legislation is estimated to
 increase first-year annual employer contributions on  average  for  each
 death benefit due to COVID-19 as shown in the table below.
   Estimated Additional First-Year Annual Employer Contributions
                  due to COVID-19 Death
                NYCERS    TRS     BERS     POLICE    FIRE    All Systems
   Age<40      $62,900  $40,600  $31,200  $233,600  $219,600  $87,900
   40<=Age<60   48,300   37,200   21,300   268,100   275,900   64,900
   Age>=60      29,300   26,600   15,000   200,600   192,000   28,300
     All Ages  $49,100  $37,400  $21,600  $247,000  $247,100  $67,800

 A. 3988                            22
 
   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: For purposes of this Fiscal Note, it was assumed that the
 census data had the same age, gender, and service characteristics as the
 census data used in the June 30, 2019 (Lag) actuarial valuation of NYCRS
 to  determine  the  Preliminary Fiscal Year 2021 employer contributions.
 Active members' salaries have been adjusted to reflect estimated  salary
 increases from June 30, 2019 to June 30, 2020.
     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       NYCERS    TRS     BERS     POLICE    FIRE    All Systems
 Service
   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     NYCERS    TRS     BERS     POLICE    FIRE    All Systems
   Salary
   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 NYCRS.
   The Actuary is proposing a set of changes for use in the June 30, 2019
 (Lag)  actuarial  valuations of NYCRS to determine the Final Fiscal Year
 2021 Employer Contributions (2021 A&M). If the 2021 A&M is  enacted,  it
 is  estimated  that  it  would produce increases in the Present Value of
 Employer  Contributions  and  annual  employer  contributions  that  are
 approximately 2% larger than the results shown above.
   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:

 A. 3988                            23
 
   * The impact of potential changes to the  Ordinary  Death  Benefit  in
 order  to  keep  the  plans in compliance with the Older Workers Benefit
 Protection Act.
   *  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 2021-02 dated January 29,
 2021 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 2021 Legislative Session.