2023 New York Laws › RSS - Retirement and Social Security › Article 2 - New York State Employees' Retirement System › Title 7 - Death Benefits and Disability Retirement › 61-B - Covid-19 Benefit.

* §  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
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