Add 61-b, 361-b, 509-a & 607-i, R & SS L; amd 512 & 2575, Ed L; amd 1266-h, Pub Auth L; add 13-149.1,
13-244.1, 13-347.1 & 13-544.1, NYC Ad Cd
 
Establish a coronavirus disease 2019 (COVID-19) presumption for public employee death benefits where a member was required to physically report to work; did in fact physically report to work as of March first, two thousand twenty; contracted COVID-19; and where the applicable head of the member's retirement system or such system's medical board determines COVID-19 to have been a significant contributing factor in the member's death.
STATE OF NEW YORK
________________________________________________________________________
10523
IN ASSEMBLY
May 25, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abbate) --
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) presumption for public employee death benefits; and
providing for the repeal of such provisions upon the expiration there-
of
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The retirement and social security law is amended by adding
2 a new section 61-b to read as follows:
3 § 61-b. COVID-19 presumption. a. Notwithstanding any other provision
4 of this article or of any general, special or local law to the contrary,
5 except for purposes of the workers' compensation law and the labor law,
6 where:
7 1. A member reported in person to such member's usual place of public
8 employment at the direction of such member's public employer or to any
9 alternate worksite as directed by such public employer, on or after
10 March first, two thousand twenty, provided that such alternate worksite
11 was not such member's home or residence;
12 2. Such member contracted COVID-19, including but not limited to coro-
13 navirus, COVID, or SARS-CoV2, or equivalent, within forty-five days
14 after reporting to work as described in paragraph one of this subdivi-
15 sion as confirmed by a positive laboratory test or as diagnosed before
16 or after such member's death by a licensed, certified, registered or
17 authorized health care practitioner currently in good standing, or a
18 health care practitioner authorized to practice by executive order
19 during the declared COVID-19 state of emergency; and
20 3. COVID-19 caused or contributed to such member's death, as docu-
21 mented on such member's death certificate, or as determined by a health
22 care practitioner described in paragraph two of this subdivision, such
23 member shall be deemed to have died as a natural and proximate result of
24 an accident sustained in the performance of duty and not as a result of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16422-10-0
A. 10523 2
1 willful negligence on their part, unless the contrary be proved by
2 competent evidence.
3 b. Any amount payable as a result of this section shall be reduced by
4 any amount paid by such member's retirement system to any recipient of
5 ordinary death benefits under this article.
6 c. 1. Notwithstanding any provision of this article or of any general,
7 special or local law to the contrary, but except for the purposes of the
8 workers' compensation law and the labor law, where a member:
9 (i) retired from his or her retirement system on or after March first,
10 two thousand twenty, and before the effective date of the chapter of the
11 laws of two thousand twenty that added this section;
12 (ii) on or after March first, two thousand twenty, reported in person
13 to such member's usual place of public employment at the direction of
14 such member's public employer or to any alternate worksite as directed
15 by such public employer, provided that such alternate worksite was not
16 such member's home or residence;
17 (iii) contracted COVID-19 within forty-five days after any such date
18 of reporting to work in person, as confirmed by a positive laboratory
19 test or as diagnosed before or after such member's death by a licensed,
20 certified, registered or authorized health care practitioner currently
21 in good standing, or a health care practitioner authorized to practice
22 by executive order during the declared COVID-19 state of emergency; and
23 (iv) COVID-19 caused or contributed to such member's death, as docu-
24 mented on such member's death certificate, or as determined by a health
25 care practitioner described in subparagraph (iii) of this paragraph,
26 such member shall be deemed to have died as a natural and proximate
27 result of an accident sustained in the performance of duty and not as a
28 result of willful negligence on his or her part, unless the contrary be
29 proved by competent evidence.
30 2. Such member's statutory beneficiary, as defined under this article,
31 for purposes of accidental death benefits payable from such member's
32 retirement system under this article, may, within ninety days of the
33 effective date of the chapter of the laws of two thousand twenty that
34 added this section, apply to such member's retirement system to request
35 the conversion of such member's service or disability retirement benefit
36 into an accidental death benefit. For purposes of the salary base upon
37 which the accidental death benefit is calculated, such member shall be
38 deemed to have died on the date of such member's retirement. At the time
39 of such conversion, such statutory beneficiary shall relinquish all
40 rights to the prospective benefits payable under the service or disabil-
41 ity retirement statute, including any post-retirement death benefits,
42 since such member's death. If the statutory beneficiary is not the only
43 beneficiary receiving or entitled to receive a benefit under the service
44 or disability retirement statute, including, but not limited to, a post-
45 retirement death benefit or benefit paid or payable pursuant to the
46 member's option selection, the accidental death benefit payments to the
47 statutory beneficiary will be reduced by any amounts paid or payable to
48 any other statutory beneficiary.
49 d. In order to be eligible for the presumption described in this
50 section, the applicable retirement system or systems are authorized to
51 promulgate rules and regulations to administer this benefit including,
52 but not limited to, requiring a statement to be filed confirming the
53 member contracted COVID-19 and the dates and locations of the member's
54 employment.
55 § 2. The retirement and social security law is amended by adding a new
56 section 361-b to read as follows:
A. 10523 3
1 § 361-b. COVID-19 presumption. a. Notwithstanding any other provision
2 of this article or of any general, special or local law to the contrary,
3 except for purposes of the workers' compensation law and the labor law,
4 where:
5 1. A member reported in person to such member's usual place of public
6 employment at the direction of such member's public employer or to any
7 alternate worksite as directed by such public employer, on or after
8 March first, two thousand twenty, provided that such alternate worksite
9 was not such member's home or residence;
10 2. Such member contracted COVID-19, including but not limited to coro-
11 navirus, COVID, or SARS-CoV2, or equivalent, within forty-five days
12 after reporting to work as described in paragraph one of this subdivi-
13 sion as confirmed by a positive laboratory test or as diagnosed before
14 or after such member's death by a licensed, certified, registered or
15 authorized health care practitioner currently in good standing, or a
16 health care practitioner authorized to practice by executive order
17 during the declared COVID-19 state of emergency; and
18 3. COVID-19 caused or contributed to such member's death, as docu-
19 mented on such member's death certificate, or as determined by a health
20 care practitioner described in paragraph two of this subdivision, such
21 member shall be deemed to have died as a natural and proximate result of
22 an accident sustained in the performance of duty and not as a result of
23 willful negligence on their part, unless the contrary be proved by
24 competent evidence.
25 b. Any amount payable as a result of this section shall be reduced by
26 any amount paid by such member's retirement system to any recipient of
27 ordinary death benefits under this article.
28 c. 1. Notwithstanding any provision of this article or of any general,
29 special or local law to the contrary, but except for the purposes of the
30 workers' compensation law and the labor law, where a member:
31 (i) retired from his or her retirement system on or after March first,
32 two thousand twenty, and before the effective date of the chapter of the
33 laws of two thousand twenty that added this section;
34 (ii) on or after March first, two thousand twenty, reported in person
35 to such member's usual place of public employment at the direction of
36 such member's public employer or to any alternate worksite as directed
37 by such public employer, provided that such alternate worksite was not
38 such member's home or residence;
39 (iii) contracted COVID-19 within forty-five days after any such date
40 of reporting to work in person, as confirmed by a positive laboratory
41 test or as diagnosed before or after such member's death by a licensed,
42 certified, registered or authorized health care practitioner currently
43 in good standing, or a health care practitioner authorized to practice
44 by executive order during the declared COVID-19 state of emergency; and
45 (iv) COVID-19 caused or contributed to such member's death, as docu-
46 mented on such member's death certificate, or as determined by a health
47 care practitioner described in subparagraph (iii) of this paragraph,
48 such member shall be deemed to have died as a natural and proximate
49 result of an accident sustained in the performance of duty and not as a
50 result of willful negligence on his or her part, unless the contrary be
51 proved by competent evidence.
52 2. Such member's statutory beneficiary, as defined under this article,
53 for purposes of accidental death benefits payable from such member's
54 retirement system under this article, may, within ninety days of the
55 effective date of the chapter of the laws of two thousand twenty that
56 added this section, apply to such member's retirement system to request
A. 10523 4
1 the conversion of such member's service or disability retirement benefit
2 into an accidental death benefit. For purposes of the salary base upon
3 which the accidental death benefit is calculated, such member shall be
4 deemed to have died on the date of such member's retirement. At the time
5 of such conversion, such statutory beneficiary shall relinquish all
6 rights to the prospective benefits payable under the service or disabil-
7 ity retirement statute, including any post-retirement death benefits,
8 since such member's death. If the statutory beneficiary is not the only
9 beneficiary receiving or entitled to receive a benefit under the service
10 or disability retirement statute, including, but not limited to, a post-
11 retirement death benefit or benefit paid or payable pursuant to the
12 member's option selection, the accidental death benefit payments to the
13 statutory beneficiary will be reduced by any amounts paid or payable to
14 any other statutory beneficiary.
15 d. In order to be eligible for the presumption described in this
16 section, the applicable retirement system or systems are authorized to
17 promulgate rules and regulations to administer this benefit including,
18 but not limited to, requiring a statement to be filed confirming the
19 member contracted COVID-19 and the dates and locations of the member's
20 employment.
21 § 3. The retirement and social security law is amended by adding a new
22 section 509-a to read as follows:
23 § 509-a. COVID-19 presumption. a. Notwithstanding any other provision
24 of this article or of any general, special or local law to the contrary,
25 except for purposes of the workers' compensation law and the labor law,
26 where:
27 1. A member reported in person to such member's usual place of public
28 employment at the direction of such member's public employer or to any
29 alternate worksite as directed by such public employer, on or after
30 March first, two thousand twenty, provided that such alternate worksite
31 was not such member's home or residence;
32 2. Such member contracted COVID-19, including but not limited to coro-
33 navirus, COVID, or SARS-CoV2, or equivalent, within forty-five days
34 after reporting to work as described in paragraph one of this subdivi-
35 sion as confirmed by a positive laboratory test or as diagnosed before
36 or after such member's death by a licensed, certified, registered or
37 authorized health care practitioner currently in good standing, or a
38 health care practitioner authorized to practice by executive order
39 during the declared COVID-19 state of emergency; and
40 3. COVID-19 caused or contributed to such member's death, as docu-
41 mented on such member's death certificate, or as determined by a health
42 care practitioner described in paragraph two of this subdivision, such
43 member shall be deemed to have died as a natural and proximate result of
44 an accident sustained in the performance of duty and not as a result of
45 willful negligence on their part, unless the contrary be proved by
46 competent evidence.
47 b. Any amount payable as a result of this section shall be reduced by
48 any amount paid by such member's retirement system to any recipient of
49 ordinary death benefits under this article.
50 c. 1. Notwithstanding any provision of this article or of any general,
51 special or local law to the contrary, but except for the purposes of the
52 workers' compensation law and the labor law, where a member:
53 (i) retired from his or her retirement system on or after March first,
54 two thousand twenty, and before the effective date of the chapter of the
55 laws of two thousand twenty that added this section;
A. 10523 5
1 (ii) on or after March first, two thousand twenty, reported in person
2 to such member's usual place of public employment at the direction of
3 such member's public employer or to any alternate worksite as directed
4 by such public employer, provided that such alternate worksite was not
5 such member's home or residence;
6 (iii) contracted COVID-19 within forty-five days after any such date
7 of reporting to work in person, as confirmed by a positive laboratory
8 test or as diagnosed before or after such member's death by a licensed,
9 certified, registered or authorized health care practitioner currently
10 in good standing, or a health care practitioner authorized to practice
11 by executive order during the declared COVID-19 state of emergency; and
12 (iv) COVID-19 caused or contributed to such member's death, as docu-
13 mented on such member's death certificate, or as determined by a health
14 care practitioner described in subparagraph (iii) of this paragraph,
15 such member shall be deemed to have died as a natural and proximate
16 result of an accident sustained in the performance of duty and not as a
17 result of willful negligence on his or her part, unless the contrary be
18 proved by competent evidence.
19 2. Such member's statutory beneficiary, as defined under this article,
20 for purposes of accidental death benefits payable from such member's
21 retirement system under this article, may, within ninety days of the
22 effective date of the chapter of the laws of two thousand twenty that
23 added this section, apply to such member's retirement system to request
24 the conversion of such member's service or disability retirement benefit
25 into an accidental death benefit. For purposes of the salary base upon
26 which the accidental death benefit is calculated, such member shall be
27 deemed to have died on the date of such member's retirement. At the time
28 of such conversion, such statutory beneficiary shall relinquish all
29 rights to the prospective benefits payable under the service or disabil-
30 ity retirement statute, including any post-retirement death benefits,
31 since such member's death. If the statutory beneficiary is not the only
32 beneficiary receiving or entitled to receive a benefit under the service
33 or disability retirement statute, including, but not limited to, a post-
34 retirement death benefit or benefit paid or payable pursuant to the
35 member's option selection, the accidental death benefit payments to the
36 statutory beneficiary will be reduced by any amounts paid or payable to
37 any other statutory beneficiary.
38 d. In order to be eligible for the presumption described in this
39 section, the applicable retirement system or systems are authorized to
40 promulgate rules and regulations to administer this benefit including,
41 but not limited to, requiring a statement to be filed confirming the
42 member contracted COVID-19 and the dates and locations of the member's
43 employment.
44 § 4. The retirement and social security law is amended by adding a new
45 section 607-i to read as follows:
46 § 607-i. COVID-19 presumption. a. Notwithstanding any other provision
47 of this article or of any general, special or local law to the contrary,
48 except for purposes of the workers' compensation law and the labor law,
49 where:
50 1. A member reported in person to such member's usual place of public
51 employment at the direction of such member's public employer or to any
52 alternate worksite as directed by such public employer, on or after
53 March first, two thousand twenty, provided that such alternate worksite
54 was not such member's home or residence;
55 2. Such member contracted COVID-19, including but not limited to coro-
56 navirus, COVID, or SARS-CoV2, or equivalent, within forty-five days
A. 10523 6
1 after reporting to work as described in paragraph one of this subdivi-
2 sion as confirmed by a positive laboratory test or as diagnosed before
3 or after such member's death by a licensed, certified, registered or
4 authorized health care practitioner currently in good standing, or a
5 health care practitioner authorized to practice by executive order
6 during the declared COVID-19 state of emergency; and
7 3. COVID-19 caused or contributed to such member's death, as docu-
8 mented on such member's death certificate, or as determined by a health
9 care practitioner described in paragraph two of this subdivision, such
10 member shall be deemed to have died as a natural and proximate result of
11 an accident sustained in the performance of duty and not as a result of
12 willful negligence on their part, unless the contrary be proved by
13 competent evidence.
14 b. Any amount payable as a result of this section shall be reduced by
15 any amount paid by such member's retirement system to any recipient of
16 ordinary death benefits under this article.
17 c. 1. Notwithstanding any provision of this article or of any general,
18 special or local law to the contrary, but except for the purposes of the
19 workers' compensation law and the labor law, where a member:
20 (i) retired from his or her retirement system on or after March first,
21 two thousand twenty, and before the effective date of the chapter of the
22 laws of two thousand twenty that added this section;
23 (ii) on or after March first, two thousand twenty, reported in person
24 to such member's usual place of public employment at the direction of
25 such member's public employer or to any alternate worksite as directed
26 by such public employer, provided that such alternate worksite was not
27 such member's home or residence;
28 (iii) contracted COVID-19 within forty-five days after any such date
29 of reporting to work in person, as confirmed by a positive laboratory
30 test or as diagnosed before or after such member's death by a licensed,
31 certified, registered or authorized health care practitioner currently
32 in good standing, or a health care practitioner authorized to practice
33 by executive order during the declared COVID-19 state of emergency; and
34 (iv) COVID-19 caused or contributed to such member's death, as docu-
35 mented on such member's death certificate, or as determined by a health
36 care practitioner described in subparagraph (iii) of this paragraph,
37 such member shall be deemed to have died as a natural and proximate
38 result of an accident sustained in the performance of duty and not as a
39 result of willful negligence on his or her part, unless the contrary be
40 proved by competent evidence.
41 2. Such member's statutory beneficiary, as defined under this article,
42 for purposes of accidental death benefits payable from such member's
43 retirement system under this article, may, within ninety days of the
44 effective date of the chapter of the laws of two thousand twenty that
45 added this section, apply to such member's retirement system to request
46 the conversion of such member's service or disability retirement benefit
47 into an accidental death benefit. For purposes of the salary base upon
48 which the accidental death benefit is calculated, such member shall be
49 deemed to have died on the date of such member's retirement. At the time
50 of such conversion, such statutory beneficiary shall relinquish all
51 rights to the prospective benefits payable under the service or disabil-
52 ity retirement statute, including any post-retirement death benefits,
53 since such member's death. If the statutory beneficiary is not the only
54 beneficiary receiving or entitled to receive a benefit under the service
55 or disability retirement statute, including, but not limited to, a post-
56 retirement death benefit or benefit paid or payable pursuant to the
A. 10523 7
1 member's option selection, the accidental death benefit payments to the
2 statutory beneficiary will be reduced by any amounts paid or payable to
3 any other statutory beneficiary.
4 d. In order to be eligible for the presumption described in this
5 section, the applicable retirement system or systems are authorized to
6 promulgate rules and regulations to administer this benefit including,
7 but not limited to, requiring a statement to be filed confirming the
8 member contracted COVID-19 and the dates and locations of the member's
9 employment.
10 § 5. Section 512 of the education law is amended by adding a new
11 subdivision h to read as follows:
12 h. 1. Notwithstanding any other provision of this article or of any
13 general, special or local law to the contrary, except for purposes of
14 the workers' compensation law and the labor law, where:
15 (A) a member reported in person to such member's usual place of public
16 employment at the direction of such member's public employer or to any
17 alternate worksite as directed by such public employer, on or after
18 March first, two thousand twenty, provided that such alternate worksite
19 was not such member's home or residence;
20 (B) such member contracted COVID-19, including but not limited to
21 coronavirus, COVID, or SARS-CoV2, or equivalent, within forty-five days
22 after reporting to work as described in subparagraph (A) of this para-
23 graph as confirmed by a positive laboratory test or as diagnosed before
24 or after such member's death by a licensed, certified, registered or
25 authorized health care practitioner currently in good standing, or a
26 health care practitioner authorized to practice by executive order
27 during the declared COVID-19 state of emergency; and
28 (C) COVID-19 caused or contributed to such member's death, as docu-
29 mented on such member's death certificate, or as determined by a health
30 care practitioner described in subparagraph (B) of this paragraph, such
31 member shall be deemed to have died as a natural and proximate result of
32 an accident sustained in the performance of duty and not as a result of
33 willful negligence on their part, unless the contrary be proved by
34 competent evidence.
35 2. Any amount payable as a result of this section shall be reduced by
36 any amount paid by such member's retirement system to any recipient of
37 ordinary death benefits under this article.
38 3. (A) Notwithstanding any provision of this article or of any gener-
39 al, special or local law to the contrary, but except for the purposes of
40 the workers' compensation law and the labor law, where a member:
41 (i) retired from his or her retirement system on or after March first,
42 two thousand twenty, and before the effective date of the chapter of the
43 laws of two thousand twenty that added this subdivision;
44 (ii) on or after March first, two thousand twenty, reported in person
45 to such member's usual place of public employment at the direction of
46 such member's public employer or to any alternate worksite as directed
47 by such public employer, provided that such alternate worksite was not
48 such member's home or residence;
49 (iii) contracted COVID-19 within forty-five days after any such date
50 of reporting to work in person, as confirmed by a positive laboratory
51 test or as diagnosed before or after such member's death by a licensed,
52 certified, registered or authorized health care practitioner currently
53 in good standing, or a health care practitioner authorized to practice
54 by executive order during the declared COVID-19 state of emergency; and
55 (iv) COVID-19 caused or contributed to such member's death, as docu-
56 mented on such member's death certificate, or as determined by a health
A. 10523 8
1 care practitioner described in clause (iii) of this subparagraph, such
2 member shall be deemed to have died as a natural and proximate result of
3 an accident sustained in the performance of duty and not as a result of
4 willful negligence on his or her part, unless the contrary be proved by
5 competent evidence.
6 (B) Such member's statutory beneficiary, as defined under this arti-
7 cle, for purposes of accidental death benefits payable from such
8 member's retirement system under this article, may, within ninety days
9 of the effective date of the chapter of the laws of two thousand twenty
10 that added this subdivision, apply to such member's retirement system to
11 request the conversion of such member's service or disability retirement
12 benefit into an accidental death benefit. For purposes of the salary
13 base upon which the accidental death benefit is calculated, such member
14 shall be deemed to have died on the date of such member's retirement. At
15 the time of such conversion, such statutory beneficiary shall relinquish
16 all rights to the prospective benefits payable under the service or
17 disability retirement statute, including any post-retirement death bene-
18 fits, since such member's death. If the statutory beneficiary is not the
19 only beneficiary receiving or entitled to receive a benefit under the
20 service or disability retirement statute, including, but not limited to,
21 a post-retirement death benefit or benefit paid or payable pursuant to
22 the member's option selection, the accidental death benefit payments to
23 the statutory beneficiary will be reduced by any amounts paid or payable
24 to any other statutory beneficiary.
25 4. In order to be eligible for the presumption described in this
26 subdivision, the applicable retirement system or systems are authorized
27 to promulgate rules and regulations to administer this benefit includ-
28 ing, but not limited to, requiring a statement to be filed confirming
29 the member contracted COVID-19 and the dates and locations of the
30 member's employment.
31 § 6. Section 2575 of the education law is amended by adding a new
32 subdivision 26 to read as follows:
33 26. (a) Notwithstanding any other provision of this article or of any
34 general, special or local law to the contrary, except for purposes of
35 the workers' compensation law and the labor law, where:
36 (i) a member reported in person to such member's usual place of public
37 employment at the direction of such member's public employer or to any
38 alternate worksite as directed by such public employer, on or after
39 March first, two thousand twenty, provided that such alternate worksite
40 was not such member's home or residence;
41 (ii) such member contracted COVID-19, including but not limited to
42 coronavirus, COVID, or SARS-CoV2, or equivalent, within forty-five days
43 after reporting to work as described in subparagraph (i) of this para-
44 graph as confirmed by a positive laboratory test or as diagnosed before
45 or after such member's death by a licensed, certified, registered or
46 authorized health care practitioner currently in good standing, or a
47 health care practitioner authorized to practice by executive order
48 during the declared COVID-19 state of emergency; and
49 (iii) COVID-19 caused or contributed to such member's death, as docu-
50 mented on such member's death certificate, or as determined by a health
51 care practitioner described in subparagraph (ii) of this paragraph, such
52 member shall be deemed to have died as a natural and proximate result of
53 an accident sustained in the performance of duty and not as a result of
54 willful negligence on their part, unless the contrary be proved by
55 competent evidence.
A. 10523 9
1 (b) Any amount payable as a result of this subdivision shall be
2 reduced by any amount paid by such member's retirement system to any
3 recipient of ordinary death benefits under this article.
4 (c) (i) Notwithstanding any provision of this article or of any gener-
5 al, special or local law to the contrary, but except for the purposes of
6 the workers' compensation law and the labor law, where a member:
7 (1) retired from his or her retirement system on or after March first,
8 two thousand twenty, and before the effective date of the chapter of the
9 laws of two thousand twenty that added this subdivision;
10 (2) on or after March first, two thousand twenty, reported in person
11 to such member's usual place of public employment at the direction of
12 such member's public employer or to any alternate worksite as directed
13 by such public employer, provided that such alternate worksite was not
14 such member's home or residence;
15 (3) contracted COVID-19 within forty-five days after any such date of
16 reporting to work in person, as confirmed by a positive laboratory test
17 or as diagnosed before or after such member's death by a licensed,
18 certified, registered or authorized health care practitioner currently
19 in good standing, or a health care practitioner authorized to practice
20 by executive order during the declared COVID-19 state of emergency; and
21 (4) COVID-19 caused or contributed to such member's death, as docu-
22 mented on such member's death certificate, or as determined by a health
23 care practitioner described in clause three of this subparagraph, such
24 member shall be deemed to have died as a natural and proximate result of
25 an accident sustained in the performance of duty and not as a result of
26 willful negligence on his or her part, unless the contrary be proved by
27 competent evidence.
28 (ii) Such member's statutory beneficiary, as defined under this
29 section, for purposes of accidental death benefits payable from such
30 member's retirement system under this section, may, within ninety days
31 of the effective date of the chapter of the laws of two thousand twenty
32 that added this subdivision, apply to such member's retirement system to
33 request the conversion of such member's service or disability retirement
34 benefit into an accidental death benefit. For purposes of the salary
35 base upon which the accidental death benefit is calculated, such member
36 shall be deemed to have died on the date of such member's retirement. At
37 the time of such conversion, such statutory beneficiary shall relinquish
38 all rights to the prospective benefits payable under the service or
39 disability retirement statute, including any post-retirement death bene-
40 fits, since such member's death. If the statutory beneficiary is not the
41 only beneficiary receiving or entitled to receive a benefit under the
42 service or disability retirement statute, including, but not limited to,
43 a post-retirement death benefit or benefit paid or payable pursuant to
44 the member's option selection, the accidental death benefit payments to
45 the statutory beneficiary will be reduced by any amounts paid or payable
46 to any other statutory beneficiary.
47 (d) In order to be eligible for the presumption described in this
48 subdivision, the applicable retirement system or systems are authorized
49 to promulgate rules and regulations to administer this benefit includ-
50 ing, but not limited to, requiring a statement to be filed confirming
51 the member contracted COVID-19 and the dates and locations of the
52 member's employment.
53 § 7. Section 1266-h of the public authorities law is amended by adding
54 a new subdivision 8 to read as follows:
A. 10523 10
1 8. (a) Notwithstanding any other provision of this section or of any
2 general, special or local law to the contrary, except for purposes of
3 the workers' compensation law and the labor law, where:
4 (i) a member reported in person to such member's usual place of public
5 employment at the direction of such member's public employer or to any
6 alternate worksite as directed by such public employer, on or after
7 March first, two thousand twenty, provided that such alternate worksite
8 was not such member's home or residence;
9 (ii) such member contracted COVID-19, including but not limited to
10 coronavirus, COVID, or SARS-CoV2, or the equivalent, within forty-five
11 days after reporting to work pursuant to subparagraph (i) of this para-
12 graph, as confirmed by a positive laboratory test or as diagnosed before
13 or after such member's death by a licensed, certified, registered or
14 authorized health care practitioner currently in good standing, or a
15 health care practitioner authorized to practice by executive order
16 during the declared COVID-19 state of emergency; and
17 (iii) COVID-19 caused or contributed to such member's death, as docu-
18 mented on such member's death certificate, or as determined by a health
19 care practitioner described in subparagraph (ii) of this paragraph, such
20 member shall be deemed to have died as a natural and proximate result of
21 an accident sustained in the performance of duty and not as a result of
22 willful negligence on their part, unless the contrary be proved by
23 competent evidence.
24 (b) Any amount payable as a result of this section shall be reduced by
25 any amount paid by such member's retirement system to any recipient of
26 ordinary death benefits pursuant to this section.
27 (c) Notwithstanding any provision of this section or of any general,
28 special or local law to the contrary, but except for the purposes of the
29 workers' compensation law and the labor law, where a member:
30 (1) retired from his or her retirement system on or after March first,
31 two thousand twenty, and before the date on which the chapter of the
32 laws of two thousand twenty which added this subdivision became a law;
33 (2) on or after March first, two thousand twenty, reported in person
34 to such member's usual place of public employment at the direction of
35 such member's public employer or to any alternate worksite as directed
36 by such public employer, provided that such alternate worksite was not
37 such member's home or residence;
38 (3) contracted COVID-19 within forty-five days after any such date of
39 reporting to work in person, as confirmed by a positive laboratory test
40 or as diagnosed before or after such member's death by a licensed,
41 certified, registered or authorized health care practitioner currently
42 in good standing, or a health care practitioner authorized to practice
43 by executive order during the declared COVID-19 state of emergency; and
44 (4) COVID-19 caused or contributed to such member's death, as docu-
45 mented on such member's death certificate, or as determined by a health
46 care practitioner described in subparagraph three of this paragraph,
47 such member shall be deemed to have died as a natural and proximate
48 result of an accident sustained in the performance of duty and not as a
49 result of willful negligence on his or her part, unless the contrary be
50 proved by competent evidence.
51 (d) Such member's statutory beneficiary, as defined pursuant to this
52 section, for purposes of accidental death benefits payable from such
53 member's retirement system under this section, may, within ninety days
54 of the effective date of the chapter of the laws of two thousand twenty
55 which added this subdivision, apply to such member's retirement system
56 to request the conversion of such member's service or disability retire-
A. 10523 11
1 ment benefit into an accidental death benefit. For purposes of the sala-
2 ry base upon which the accidental death benefit is calculated, such
3 member shall be deemed to have died on the date of such member's retire-
4 ment. At the time of such conversion, such statutory beneficiary shall
5 relinquish all rights to the prospective benefits payable under the
6 service or disability retirement statute, including any post-retirement
7 death benefits, since such member's death. If the statutory beneficiary
8 is not the only beneficiary receiving or entitled to receive a benefit
9 under the service or disability retirement statute including, but not
10 limited to, a post-retirement death benefit or benefit paid or payable
11 pursuant to the member's option selection, the accidental death benefit
12 payments to the statutory beneficiary will be reduced by any amounts
13 paid or payable to any other statutory beneficiary.
14 (e) In order to be eligible for the presumption described in this
15 subdivision, the applicable retirement system or systems are authorized
16 to promulgate rules and regulations to administer this benefit includ-
17 ing, but not limited to, requiring a statement to be filed confirming
18 the member contracted COVID-19 and the dates and locations of such
19 member's employment.
20 § 8. The administrative code of the city of New York is amended by
21 adding a new section 13-149.1 to read as follows:
22 § 13-149.1 COVID-19 presumption. 1. Notwithstanding any other
23 provision of this title or of any general, special or local law to the
24 contrary, except for purposes of the workers' compensation law and the
25 labor law, where:
26 (a) a member reported in person to such member's usual place of public
27 employment at the direction of such member's public employer or to any
28 alternate worksite as directed by such public employer, on or after
29 March first, two thousand twenty, provided that such alternate worksite
30 was not such member's home or residence;
31 (b) such member contracted COVID-19, including but not limited to
32 coronavirus, COVID, or SARS-CoV2, or equivalent, within forty-five days
33 after reporting to work as described in paragraph (a) of this subdivi-
34 sion, as confirmed by a positive laboratory test or as diagnosed before
35 or after such member's death by a licensed, certified, registered or
36 authorized health care practitioner currently in good standing, or a
37 health care practitioner authorized to practice by executive order
38 during the declared COVID-19 state of emergency; and
39 (c) COVID-19 caused or contributed to such member's death, as docu-
40 mented on such member's death certificate, or as determined by a health
41 care practitioner described in paragraph (b) of this subdivision, such
42 member shall be deemed to have died as a natural and proximate result of
43 an accident sustained in the performance of duty and not as a result of
44 willful negligence on their part, unless the contrary be proved by
45 competent evidence.
46 2. Any amount payable as a result of this title shall be reduced by
47 any amount paid by such member's retirement system to any recipient of
48 ordinary death benefits under this title.
49 3. Notwithstanding any provision of this title or of any general,
50 special or local law to the contrary, but except for the purposes of the
51 workers' compensation law and the labor law, where a member:
52 (a) retired from his or her retirement system on or after March first,
53 two thousand twenty, and before the effective date of the chapter of the
54 laws of two thousand twenty which added this section;
55 (b) on or after March first, two thousand twenty, reported in person
56 to such member's usual place of public employment at the direction of
A. 10523 12
1 such member's public employer or to any alternate worksite as directed
2 by such public employer, provided that such alternate worksite was not
3 such member's home or residence;
4 (c) contracted COVID-19 within forty-five days after any such date of
5 reporting to work in person, as confirmed by a positive laboratory test
6 or as diagnosed before or after such member's death by a licensed,
7 certified, registered or authorized health care practitioner currently
8 in good standing, or a health care practitioner authorized to practice
9 by executive order during the declared COVID-19 state of emergency; and
10 (d) COVID-19 caused or contributed to such member's death, as docu-
11 mented on such member's death certificate, or as determined by a health
12 care practitioner described in paragraph (c) of this subdivision, such
13 member shall be deemed to have died as a natural and proximate result of
14 an accident sustained in the performance of duty and not as a result of
15 willful negligence on his or her part, unless the contrary be proved by
16 competent evidence.
17 4. Such member's statutory beneficiary, as defined pursuant to this
18 title, for purposes of accidental death benefits payable from such
19 member's retirement system under this title, may, within ninety days of
20 the effective date of the chapter of the laws of two thousand twenty
21 which added this section, apply to such member's retirement system to
22 request the conversion of such member's service or disability retirement
23 benefit into an accidental death benefit. For purposes of the salary
24 base upon which the accidental death benefit is calculated, such member
25 shall be deemed to have died on the date of such member's retirement. At
26 the time of such conversion, such statutory beneficiary shall relinquish
27 all rights to the prospective benefits payable under the service or
28 disability retirement statute, including any post-retirement death bene-
29 fits, since such member's death. If the statutory beneficiary is not the
30 only beneficiary receiving or entitled to receive a benefit under the
31 service or disability retirement statute including, but not limited to,
32 a post-retirement death benefit or benefit paid or payable pursuant to
33 the member's option selection, the accidental death benefit payments to
34 the statutory beneficiary will be reduced by any amounts paid or payable
35 to any other statutory beneficiary.
36 5. In order to be eligible for the presumption described in this
37 title, the applicable retirement system or systems are authorized to
38 promulgate rules and regulations to administer this benefit including,
39 but not limited to, requiring a statement to be filed confirming the
40 member contracted COVID-19 and the dates and locations of such member's
41 employment.
42 § 9. The administrative code of the city of New York is amended by
43 adding a new section 13-244.1 to read as follows:
44 § 13-244.1 COVID-19 presumption. 1. Notwithstanding any other
45 provision of this title or of any general, special or local law to the
46 contrary, except for purposes of the workers' compensation law and the
47 labor law, where:
48 (a) a member reported in person to such member's usual place of public
49 employment at the direction of such member's public employer or to any
50 alternate worksite as directed by such public employer, on or after
51 March first, two thousand twenty, provided that such alternate worksite
52 was not such member's home or residence;
53 (b) such member contracted COVID-19, including but not limited to
54 coronavirus, COVID, or SARS-CoV2, or equivalent, within forty-five days
55 after reporting to work as described in paragraph (a) of this subdivi-
56 sion, as confirmed by a positive laboratory test or as diagnosed before
A. 10523 13
1 or after such member's death by a licensed, certified, registered or
2 authorized health care practitioner currently in good standing, or a
3 health care practitioner authorized to practice by executive order
4 during the declared COVID-19 state of emergency; and
5 (c) COVID-19 caused or contributed to such member's death, as docu-
6 mented on such member's death certificate, or as determined by a health
7 care practitioner described in paragraph (b) of this subdivision, such
8 member shall be deemed to have died as a natural and proximate result of
9 an accident sustained in the performance of duty and not as a result of
10 willful negligence on their part, unless the contrary be proved by
11 competent evidence.
12 2. Any amount payable as a result of this title shall be reduced by
13 any amount paid by such member's retirement system to any recipient of
14 ordinary death benefits under this title.
15 3. Notwithstanding any provision of this title or of any general,
16 special or local law to the contrary, but except for the purposes of the
17 workers' compensation law and the labor law, where a member:
18 (a) retired from his or her retirement system on or after March first,
19 two thousand twenty, and before the effective date of the chapter of the
20 laws of two thousand twenty which added this section;
21 (b) on or after March first, two thousand twenty, reported in person
22 to such member's usual place of public employment at the direction of
23 such member's public employer or to any alternate worksite as directed
24 by such public employer, provided that such alternate worksite was not
25 such member's home or residence;
26 (c) contracted COVID-19 within forty-five days after any such date of
27 reporting to work in person, as confirmed by a positive laboratory test
28 or as diagnosed before or after such member's death by a licensed,
29 certified, registered or authorized health care practitioner currently
30 in good standing, or a health care practitioner authorized to practice
31 by executive order during the declared COVID-19 state of emergency; and
32 (d) COVID-19 caused or contributed to such member's death, as docu-
33 mented on such member's death certificate, or as determined by a health
34 care practitioner described in paragraph (c) of this subdivision, such
35 member shall be deemed to have died as a natural and proximate result of
36 an accident sustained in the performance of duty and not as a result of
37 willful negligence on his or her part, unless the contrary be proved by
38 competent evidence.
39 4. Such member's statutory beneficiary, as defined pursuant to this
40 title, for purposes of accidental death benefits payable from such
41 member's retirement system under this title, may, within ninety days of
42 the effective date of the chapter of the laws of two thousand twenty
43 which added this section, apply to such member's retirement system to
44 request the conversion of such member's service or disability retirement
45 benefit into an accidental death benefit. For purposes of the salary
46 base upon which the accidental death benefit is calculated, such member
47 shall be deemed to have died on the date of such member's retirement. At
48 the time of such conversion, such statutory beneficiary shall relinquish
49 all rights to the prospective benefits payable under the service or
50 disability retirement statute, including any post-retirement death bene-
51 fits, since such member's death. If the statutory beneficiary is not the
52 only beneficiary receiving or entitled to receive a benefit under the
53 service or disability retirement statute including, but not limited to,
54 a post-retirement death benefit or benefit paid or payable pursuant to
55 the member's option selection, the accidental death benefit payments to
A. 10523 14
1 the statutory beneficiary will be reduced by any amounts paid or payable
2 to any other statutory beneficiary.
3 5. In order to be eligible for the presumption described in this
4 title, the applicable retirement system or systems are authorized to
5 promulgate rules and regulations to administer this benefit including,
6 but not limited to, requiring a statement to be filed confirming the
7 member contracted COVID-19 and the dates and locations of such member's
8 employment.
9 § 10. The administrative code of the city of New York is amended by
10 adding a new section 13-347.1 to read as follows:
11 § 13-347.1 COVID-19 presumption. 1. Notwithstanding any other
12 provision of this title or of any general, special or local law to the
13 contrary, except for purposes of the workers' compensation law and the
14 labor law, where:
15 (a) a member reported in person to such member's usual place of public
16 employment at the direction of such member's public employer or to any
17 alternate worksite as directed by such public employer, on or after
18 March first, two thousand twenty, provided that such alternate worksite
19 was not such member's home or residence;
20 (b) such member contracted COVID-19, including but not limited to
21 coronavirus, COVID, or SARS-CoV2, or equivalent, within forty-five days
22 after reporting to work as described in paragraph (a) of this subdivi-
23 sion, as confirmed by a positive laboratory test or as diagnosed before
24 or after such member's death by a licensed, certified, registered or
25 authorized health care practitioner currently in good standing, or a
26 health care practitioner authorized to practice by executive order
27 during the declared COVID-19 state of emergency; and
28 (c) COVID-19 caused or contributed to such member's death, as docu-
29 mented on such member's death certificate, or as determined by a health
30 care practitioner described in paragraph (b) of this subdivision, such
31 member shall be deemed to have died as a natural and proximate result of
32 an accident sustained in the performance of duty and not as a result of
33 willful negligence on their part, unless the contrary be proved by
34 competent evidence.
35 2. Any amount payable as a result of this title shall be reduced by
36 any amount paid by such member's retirement system to any recipient of
37 ordinary death benefits under this title.
38 3. Notwithstanding any provision of this title or of any general,
39 special or local law to the contrary, but except for the purposes of the
40 workers' compensation law and the labor law, where a member:
41 (a) retired from his or her retirement system on or after March first,
42 two thousand twenty, and before the effective date of the chapter of the
43 laws of two thousand twenty which added this section;
44 (b) on or after March first, two thousand twenty, reported in person
45 to such member's usual place of public employment at the direction of
46 such member's public employer or to any alternate worksite as directed
47 by such public employer, provided that such alternate worksite was not
48 such member's home or residence;
49 (c) contracted COVID-19 within forty-five days after any such date of
50 reporting to work in person, as confirmed by a positive laboratory test
51 or as diagnosed before or after such member's death by a licensed,
52 certified, registered or authorized health care practitioner currently
53 in good standing, or a health care practitioner authorized to practice
54 by executive order during the declared COVID-19 state of emergency; and
55 (d) COVID-19 caused or contributed to such member's death, as docu-
56 mented on such member's death certificate, or as determined by a health
A. 10523 15
1 care practitioner described in paragraph (c) of this subdivision, such
2 member shall be deemed to have died as a natural and proximate result of
3 an accident sustained in the performance of duty and not as a result of
4 willful negligence on his or her part, unless the contrary be proved by
5 competent evidence.
6 4. Such member's statutory beneficiary, as defined pursuant to this
7 title, for purposes of accidental death benefits payable from such
8 member's retirement system under this title, may, within ninety days of
9 the effective date of the chapter of the laws of two thousand twenty
10 which added this section, apply to such member's retirement system to
11 request the conversion of such member's service or disability retirement
12 benefit into an accidental death benefit. For purposes of the salary
13 base upon which the accidental death benefit is calculated, such member
14 shall be deemed to have died on the date of such member's retirement. At
15 the time of such conversion, such statutory beneficiary shall relinquish
16 all rights to the prospective benefits payable under the service or
17 disability retirement statute, including any post-retirement death bene-
18 fits, since such member's death. If the statutory beneficiary is not the
19 only beneficiary receiving or entitled to receive a benefit under the
20 service or disability retirement statute including, but not limited to,
21 a post-retirement death benefit or benefit paid or payable pursuant to
22 the member's option selection, the accidental death benefit payments to
23 the statutory beneficiary will be reduced by any amounts paid or payable
24 to any other statutory beneficiary.
25 5. In order to be eligible for the presumption described in this
26 title, the applicable retirement system or systems are authorized to
27 promulgate rules and regulations to administer this benefit including,
28 but not limited to, requiring a statement to be filed confirming the
29 member contracted COVID-19 and the dates and locations of such member's
30 employment.
31 § 11. The administrative code of the city of New York is amended by
32 adding a new section 13-544.1 to read as follows:
33 § 13-544.1 COVID-19 presumption. 1. Notwithstanding any other
34 provision of this title or of any general, special or local law to the
35 contrary, except for purposes of the workers' compensation law and the
36 labor law, where:
37 (a) a member reported in person to such member's usual place of public
38 employment at the direction of such member's public employer or to any
39 alternate worksite as directed by such public employer, on or after
40 March first, two thousand twenty, provided that such alternate worksite
41 was not such member's home or residence;
42 (b) such member contracted COVID-19, including but not limited to
43 coronavirus, COVID, or SARS-CoV2, or equivalent, within forty-five days
44 after reporting to work as described in paragraph (a) of this subdivi-
45 sion, as confirmed by a positive laboratory test or as diagnosed before
46 or after such member's death by a licensed, certified, registered or
47 authorized health care practitioner currently in good standing, or a
48 health care practitioner authorized to practice by executive order
49 during the declared COVID-19 state of emergency; and
50 (c) COVID-19 caused or contributed to such member's death, as docu-
51 mented on such member's death certificate, or as determined by a health
52 care practitioner described in paragraph (b) of this subdivision, such
53 member shall be deemed to have died as a natural and proximate result of
54 an accident sustained in the performance of duty and not as a result of
55 willful negligence on their part, unless the contrary be proved by
56 competent evidence.
A. 10523 16
1 2. Any amount payable as a result of this title shall be reduced by
2 any amount paid by such member's retirement system to any recipient of
3 ordinary death benefits under this title.
4 3. Notwithstanding any provision of this title or of any general,
5 special or local law to the contrary, but except for the purposes of the
6 workers' compensation law and the labor law, where a member:
7 (a) retired from his or her retirement system on or after March first,
8 two thousand twenty, and before the effective date of the chapter of the
9 laws of two thousand twenty which added this section;
10 (b) on or after March first, two thousand twenty, reported in person
11 to such member's usual place of public employment at the direction of
12 such member's public employer or to any alternate worksite as directed
13 by such public employer, provided that such alternate worksite was not
14 such member's home or residence;
15 (c) contracted COVID-19 within forty-five days after any such date of
16 reporting to work in person, as confirmed by a positive laboratory test
17 or as diagnosed before or after such member's death by a licensed,
18 certified, registered or authorized health care practitioner currently
19 in good standing, or a health care practitioner authorized to practice
20 by executive order during the declared COVID-19 state of emergency; and
21 (d) COVID-19 caused or contributed to such member's death, as docu-
22 mented on such member's death certificate, or as determined by a health
23 care practitioner described in paragraph (c) of this subdivision, such
24 member shall be deemed to have died as a natural and proximate result of
25 an accident sustained in the performance of duty and not as a result of
26 willful negligence on his or her part, unless the contrary be proved by
27 competent evidence.
28 4. Such member's statutory beneficiary, as defined pursuant to this
29 title, for purposes of accidental death benefits payable from such
30 member's retirement system under this title, may, within ninety days of
31 the effective date of the chapter of the laws of two thousand twenty
32 which added this section, apply to such member's retirement system to
33 request the conversion of such member's service or disability retirement
34 benefit into an accidental death benefit. For purposes of the salary
35 base upon which the accidental death benefit is calculated, such member
36 shall be deemed to have died on the date of such member's retirement. At
37 the time of such conversion, such statutory beneficiary shall relinquish
38 all rights to the prospective benefits payable under the service or
39 disability retirement statute, including any post-retirement death bene-
40 fits, since such member's death. If the statutory beneficiary is not the
41 only beneficiary receiving or entitled to receive a benefit under the
42 service or disability retirement statute including, but not limited to,
43 a post-retirement death benefit or benefit paid or payable pursuant to
44 the member's option selection, the accidental death benefit payments to
45 the statutory beneficiary will be reduced by any amounts paid or payable
46 to any other statutory beneficiary.
47 5. In order to be eligible for the presumption described in this
48 title, the applicable retirement system or systems are authorized to
49 promulgate rules and regulations to administer this benefit including,
50 but not limited to, requiring a statement to be filed confirming the
51 member contracted COVID-19 and the dates and locations of such member's
52 employment.
53 § 12. The heads and boards of the retirement systems described herein
54 are hereby authorized to promulgate rules and regulations to implement
55 the provisions of this act, including guidance on what shall constitute
A. 10523 17
1 a positive diagnosis of COVID-19 from a health care professional in the
2 absence of a laboratory test.
3 § 13. Notwithstanding any other provision of law to the contrary, none
4 of the provisions of this act shall be subject to section 25 of the
5 retirement and social security law.
6 § 14. This act shall take effect immediately and shall be deemed to
7 have been in full force and effect on and after March 1, 2020; provided
8 that the provisions of this act shall expire and be deemed repealed upon
9 the later of December 31, 2020 or the expiration of the declared state
10 of emergency relating to the novel coronavirus (COVID-19); and provided,
11 further, that the superintendent of financial services shall notify the
12 legislative bill drafting commission upon occurrence of the expiration
13 of the state disaster emergency declared by executive order number 202
14 and any further amendments or modifications, and as may be further
15 extended pursuant to section 28 of the executive law, in order that the
16 commission may maintain an accurate and timely effective data base of
17 the official text of the laws of the state of New York in furtherance of
18 effectuating the provisions of section 44 of the legislative law and
19 section 70-b of the public officers law.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would allow any member of a public retirement system who
a. physically reported for work on or after March 1, 2020, and
b. contracted COVID-19 on or after March 1, 2020 and died from such
disease
to be deemed to have died as the result of an accident incurred in the
performance and discharge of duty, unless the contrary be proven by
competent evidence. This presumption would remain until the later of
December 31, 2020 and the date of expiration of the present state of
emergency.
The accidental death benefit would be based on the member's plan
coverage. This bill also would create benefits payable under the Public
Authorities Law.
Insofar as this bill will affect the New York State and Local Employ-
ees' Retirement System (ERS) and the New York State and Local Police and
Fire Retirement System (PFRS), qualifying COVID-19 deaths which current-
ly are considered ordinary deaths will be treated as accidental deaths.
The cost of the proposed benefit will depend upon the applicant's age,
service, salary, plan, and benefit type otherwise payable.
Service Retirement Eligible: Yes No
PFRS benefit increase/cost: 8 times salary 13 times salary
ERS benefit increase/cost: 3.5 times salary 3.5 times salary
The number of members who could be affected by this legislation cannot
be readily determined. However, all of ERS and PFRS members will be
covered and eligible for these benefits, including new hires through the
expiration of the coverage provided under this legislation. All costs
incurred in the PFRS will be shared by the State of New York and all the
participating employers in the PFRS. All costs incurred in the ERS will
be shared by the State of New York and all the participating employers
in the ERS.
In addition to these per person costs, there would be annual increases
in administrative and legal costs to implement the provisions of this
legislation.
Summary of relevant resources:
A. 10523 18
The membership data used in measuring the impact of the proposed
change was the same as that used in the March 31, 2019 actuarial valu-
ation. Distributions and other statistics can be found in the 2019
Report of the Actuary and the 2019 Comprehensive Annual Financial
Report.
The actuarial assumptions and methods used are described in the 2015,
2016, 2017, 2018, and 2019 Annual Report to the Comptroller on Actuarial
Assumptions, and the Codes, Rules and Regulations of the State of New
York: Audit and Control.
The Market Assets and GASB Disclosures are found in the March 31, 2019
New York State and Local Retirement System Financial Statements and
Supplementary Information.
I am a member of the American Academy of Actuaries and meet the Quali-
fication Standards to render the actuarial opinion contained herein.
This fiscal note does not constitute a legal opinion on the viability
of the proposed change nor is it intended to serve as a substitute for
the professional judgment of an attorney.
This estimate, dated May 24, 2020, and intended for use only during
the 2020 Legislative Session, is Fiscal Note No. 2020-118, prepared by
the Actuary for the New York State and Local Retirement System.
FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
This bill would amend sections of the Education Law and the Retirement
and Social Security Law to provide an enhanced death benefit to the
beneficiary of an eligible member of the New York State Teachers'
Retirement System (NYSTRS) who died due to contracting COVID-19. A
member must have reported to work on or after March 1, 2020, and
contracted COVID-19 within 45 days of reporting to work, and then either
died due to COVID-19, or had COVID-19 as a contributing factor in the
member's death. The member shall be deemed to have died in the perform-
ance of duty, and their beneficiary will be eligible to receive the
accidental death benefit, consisting of a lifetime annuity of 50% of the
member's most recent year's salary. If any ordinary death benefit has
already been paid it will be used as an offset against the accidental
death benefit. If a member retired on or after March 1, 2020 but before
the date this bill becomes a law, reported to work at the direction of
such member's employer, contracted COVID-19 within 45 days of reporting
to work, and then either died due to COVID-19, or had COVID-19 as a
contributing factor in the retiree's death, the beneficiary may elect to
convert the retirement benefit into an accidental death benefit. Any
other death benefit paid will be used as an offset against the acci-
dental death benefit.
This act shall be deemed effective as of March 1, 2020, but shall
expire and be deemed repealed upon the later of December 31, 2020 and
the date the state of emergency related to COVID-19 shall be declared
expired.
Under current law the beneficiary of an active member who dies in
service with three or more years of service is generally eligible for a
benefit equal to three times the member's most recent year's salary.
The overall cost of this bill cannot be readily determined as the
ultimate number of COVID-19 deaths cannot be determined at this time. It
is estimated that it will provide on average an additional 3 to 4 times
salary. The average cost per individual member impacted, however, in
terms of additional present value of liability, is estimated as follows:
Member age 30: $210,000
Member age 40: $300,000
A. 10523 19
Member age 50: $310,000
Eligible retirees: Anticipated overall negligible cost, given that
NYSTRS expects to receive no more than a handful of cases.
The actual cost per member would be dependent on the member and bene-
ficiary's age, tier, years of service, and salary. The costs above are
determined based on averages, so the actual cost for a member could be
higher or lower. The cost for an eligible retiree could vary greatly
depending upon the option chosen at retirement.
Member data is from the System's most recent actuarial valuation
files, consisting of data provided by the employers to the Retirement
System. Data distributions and statistics can be found in the System's
Comprehensive Annual Financial Report (CAFR). System assets are as
reported in the System's financial statements and can also be found in
the CAFR. Actuarial assumptions and methods are provided in the System's
Actuarial Valuation Report.
The source of this estimate is Fiscal Note 2020-28 dated May 25, 2020
prepared by the Actuary of the New York State Teachers' Retirement
System and is intended for use only during the 2020 Legislative Session.
I, Richard A. Young, am the Actuary for the New York State Teachers'
Retirement System. I am a member of the American Academy of Actuaries
and I meet the Qualification Standards of the American Academy of Actu-
aries to render the actuarial opinion contained herein.
FISCAL NOTE. -- Pursuant to Legislative Law, Section 50:
SUMMARY OF BILL: This proposed legislation (see Appendix), as it
relates to the New York City Pension Funds and Retirement Systems
(NYCRS)I-,would add new Sections to the Retirement and Social Security
Law (RSSL), the Administrative Code of the City of New York (ACCNY), and
the Education Law to provide a statutory presumption to members of the
NYCRS who physically reported to non-home work sites as of March 1, 2020
and die due to Coronavirus Disease 2019 (COVID-19) that was demonstrata-
ble contracted within 45 days of such reporting to work.
Deceased members, including those who retired between March 1, 2020
and the effective date of this bill, who meet the enumerated qualifica-
tions would be provided with a rebuttable statutory presumption that
their condition was caused by an accidental event incurred in the
performance of duty and not the result of willful negligence. An eligi-
ble beneficiary would be entitled to the applicable Accidental Death
Benefit, less any other benefits paid or payable.
In determining whether Accidental Death Benefits should be awarded, a
death certificate with such cause coupled with a positive test for
COVID-19 or a diagnosis of such condition from a qualified medical
provider, within the designated period, would be presumptive evidence,
absent competent evidence to the contrary, that such death was result of
the performance and discharge of duty. The statutory presumption would
relieve eligible beneficiaries of demonstrating that deceased NYCRS
members were accidentally exposed to COVID-19, or to individuals who may
have been positive for such condition, while performing official duties.
Effective Date: Upon enactment, and retroactive to March 1, 2020,
except that the provisions would expire upon the later of December 31,
2020 and the date of the expiration of the state disaster emergency
declared by the Governor in executive order number 202.
IMPACT ON BENEFITS PAYABLE: Under the proposed legislation, the bene-
fits payable to beneficiaries of active members of NYCRS who die due to
COVID-19 would be revised from a lump sum Ordinary Death Benefit gener-
ally equal to three times a member's last salary to a lifetime Acci-
A. 10523 20
dental Death Benefit equal to 50% of FAS plus, if applicable, the
Special Accidental Death Benefit payable under General Municipal Law
section 208-f. Accidental Death Benefits, less any other benefits paid
or payable, are also payable to beneficiaries of those who retired
between March 1, 2020 and the effective date of this bill and died due
to COVID-19. Costs for these retirees, due to the limited scope and
unknown optional payments, are not included in this Fiscal Note.
FINANCIAL IMPACT - OVERVIEW: There is no data available to estimate
the number of members who might die due to COVID-19 and potentially
benefit from this proposed legislation. Therefore, the estimated finan-
cial impact has been calculated on a per event basis equal to the
increase in the Present Value of Future Benefits (PVFB) for an average
member who dies from COVID-19 and would benefit from the proposed legis-
lation.
With respect to an individual member, the additional cost of this
proposed legislation could vary greatly depending on the member's length
of service, age, and salary history.
FINANCIAL IMPACT - PRESENT VALUES: Based on the census data and the
actuarial assumptions and methods described herein, the enactment of
this proposed legislation would result in an increase in PVFB. A break-
down of the PVFB by System on average for each occurrence of death is
shown in the table below.
Estimated Additional Present Value of Future Benefits
due to COVID-19 Death
NYCERS TRS BERS POLICE FIRE All Systems
Age <40 $543,300 $326,200 $256,000 $1,926,300 $1,816,100 $731,600
40<=Age 398,700 297,500 172,100 2,226,300 2,302,700 534,000
<60
Age >= 60 210,200 188,800 105,900 1,695,600 1,633,600 204,400
All Ages $406,700 $296,700 $171,800 $2,042,700 $2,055,400 $557,200
FINANCIAL IMPACT - ANNUAL EMPLOYER CONTRIBUTIONS: Enactment of this
proposed legislation would increase employer contributions, where such
amount would depend on the number of members affected as well as other
characteristics including the age, years of service, and salary history
of the member.
As there is no data currently available to estimate the number of
members who might die from COVID-19, the financial impact would be
recognized at the time of event. Consequently, changes in employer
contributions have been estimated assuming that the increase in the PVFB
will be financed over the same time period used for actuarial losses in
accordance with Section 13-638.2(k-2) of the Administrative Code of the
City of New York. Using this approach, the additional PVFB would be
amortized over a closed 15-year period (14 payments under the One-Year
Lag Methodology) using level dollar payments.
Based on the Actuary's actuarial assumptions and methods in effect as
of June 30, 2019, the enactment of this proposed legislation is esti-
mated to increase annual employer contributions on average for each
death benefit due to COVID-19 as shown in the table below.
Estimated Additional Annual Employer Contributions
due to COVID-19 Death
A. 10523 21
NYCERS TRS BERS POLICE FIRE All Systems
Age <40 $64,300 $38,600 $30,300 $227,800 $214,800 $86,500
40<=Age 47,200 35,200 20,400 263,300 272,400 63,200
<60
Age >= 60 24,900 22,300 12,500 200,600 193,200 24,200
All Ages $48,100 $35,100 $20,300 $241,600 $243,100 $65,900
With respect to the timing, increases in employer contributions would
depend upon when members die due to COVID-19 but, generally, increased
employer contributions will first occur the second fiscal year following
approval of the performance of duty death benefit.
CENSUS DATA: The estimates presented herein are based on the census
data used in the Preliminary June 30, 2019 (Lag) actuarial valuation of
NYCRS to determine the Preliminary Fiscal Year 2021 employer contrib-
utions.
Counts NYCERS TRS BERS POLICE FIRE All Systems
Age < 40 52,782 48,861 4,810 21,945 5,369 133,767
40 <= Age < 60 106,335 60,632 14,809 14,267 5,623 201,666
Age >= 60 32,384 13,843 6,206 189 252 52,874
All Ages 191,501 123,336 25,825 36,401 11,244 388,307
Average Age NYCERS TRS BERS POLICE FIRE All Systems
Age < 40 33.0 32.5 33.3 32.1 32.7 32.7
40 <= Age < 60 50.1 48.7 50.7 46.1 47.0 49.3
Age >= 60 64.1 64.3 64.5 61.9 61.9 64.2
All Ages 47.7 44.1 50.8 37.7 40.5 45.6
Average Service NYCERS TRS BERS POLICE FIRE All Systems
Age < 40 4.7 5.8 3.5 7.0 6.6 5.5
40 <= Age < 60 13.6 14.9 9.1 18.7 19.7 14.2
Age >= 60 19.7 19.8 14.0 31.7 34.9 19.2
All Ages 12.2 11.8 9.2 11.7 13.8 11.9
Average Salary NYCERS TRS BERS POLICE FIRE All Systems
Age <40 $68,800 $78,800 $58,700 $101,800 $93,600 $78,500
40 <= Age < 60 81,800 95,900 52,700 138,800 141,300 89,600
Age >= 60 81,900 89,700 46,700 163,300 158,200 80,500
All Ages $78,200 $88,400 $52,400 $116,600 $118,900 $84,500
ACTUARIAL ASSUMPTIONS AND METHODS: The changes in the PVFB and annual
employer contributions presented herein have been calculated based on
the actuarial assumptions and methods in effect for the June 30, 2019
(Lag) actuarial valuations used to determine the Preliminary Fiscal Year
2021 employer contributions of the NYCRS.
RISK AND UNCERTAINTY: The costs presented in this Fiscal Note depend
highly on the realization of the actuarial assumptions used, as well as
certain demographic characteristics of NYCRS and other exogenous factors
such as investment, contribution, and other risks. If actual experience
deviates from actuarial assumptions, the actual costs could differ from
those presented herein. Costs are also dependent on the actuarial meth-
A. 10523 22
ods used, and therefore different actuarial methods could produce
different results. Quantifying these risks is beyond the scope of this
Fiscal Note.
Not measured in this Fiscal Note are the following:
* The initial, additional administrative costs to implement the
proposed legislation.
* The impact of this proposed legislation on Other Postemployment
Benefit (OPEB) costs.
STATEMENT OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief Actu-
ary for, and independent of, the New York City Retirement Systems and
Pension Funds. I am a Fellow of the Society of Actuaries, an Enrolled
Actuary under the Employee Retirement Income and Security Act of 1974, a
Member of the American Academy of Actuaries, and a Fellow of the Confer-
ence of Consulting Actuaries. I meet the Qualification Standards of the
American Academy of Actuaries to render the actuarial opinion contained
herein. To the best of my knowledge, the results contained herein have
been prepared in accordance with generally accepted actuarial principles
and procedures and with the Actuarial Standards of Practice issued by
the Actuarial Standards Board.
FISCAL NOTE IDENTIFICATION: This Fiscal Note 2020-41 dated May 24,
2020 was prepared by the Chief Actuary for the five New York City
Retirement Systems and Pension Funds. This estimate is intended for use
only during the 2020 Legislative Session.