2023 New York Laws › RSS - Retirement and Social Security › Article 8 - New York State and Local Police and Fire Retirement System › Title 8 - Death Benefits and Disability Retirement › 361-B - Covid-19 Benefit.

* § 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
emergency; and
3. Such member died on or before December thirty-first,  two  thousand
twenty-four,  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
accidental 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
disability  retirement  statute,  including  any  post-retirement  death
benefits, since such member's death. If the statutory beneficiary is not
the only beneficiary receiving or entitled to receive  a  benefit  under
the service or disability retirement statute, including, but not limited
to,  a post-retirement death benefit or benefit paid or payable pursuant
to the member's option selection, the accidental death benefit  payments
to  the  statutory  beneficiary  will  be reduced by any amounts paid or
payable to any other statutory beneficiary.
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
employment.
* NB Repealed December 31, 2024