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NY S08420
Bill
Status
5/25/2020
Primary Sponsor
Andrew Gounardes
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AI Summary
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Establishes a rebuttable presumption that public employee deaths from COVID-19 contracted after March 1, 2020 are accidental deaths in the performance of duty if the member physically reported to work and contracted the virus within 45 days of reporting.
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Applies to members of state and local retirement systems, New York State Teachers' Retirement System, New York City pension funds, and public authorities, covering state employees, teachers, police, fire, and other public employees.
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Entitles eligible beneficiaries to accidental death benefits (typically 50% of final average salary as a lifetime annuity or lump sum multiples of salary) instead of ordinary death benefits, with any ordinary death benefits already paid used as an offset.
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Allows beneficiaries of members who retired between March 1, 2020 and the bill's enactment to convert service or disability retirement benefits into accidental death benefits within 90 days if the retiree died from COVID-19 contracted while working.
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Expires upon the later of December 31, 2020 or the end of the declared state of emergency for COVID-19; retroactively effective to March 1, 2020.
Legislative Description
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.
Last Action
RECOMMITTED TO RULES
12/28/2020