N.Y. Retirement & Social Security Law Section 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 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

Source: Section 509-A — COVID-19 benefit, https://www.­nysenate.­gov/legislation/laws/RSS/509-A (updated Dec. 30, 2022; accessed Dec. 21, 2024).

500
Application
501
Definitions
502
Eligibility for service retirement benefits
503
Eligibility for normal and early service retirement benefits
504
Service retirement benefits
504‑A
Twenty-year retirement program for New York city correction members below the rank of captain
504‑B
Twenty-year retirement program for New York city correction members of the rank of captain or above
504‑C
Supplemental retirement allowance
504‑D
Twenty-year retirement program for New York city correction members
505
Service retirement benefits
506
Ordinary disability benefits
507
Accidental disability benefits
507‑A
Disability retirement
507‑B
Performance of duty disability retirement
507‑C
Performance of duty disability retirement
507‑D
Disability benefits
507‑E
Uniformed court officers and peace officers
507‑F
Accidental disability retirement
507‑G
Payment of both pensions for accident and other benefits prohibited
507‑H
Retirement for disability incurred in performance of duty
507‑I
Disability benefits
508
Death benefits
508‑A
Death benefit for vested members who die prior to retirement
508‑B
Death benefit for deputy sheriffs employed by Nassau county
508‑B*2
Death benefits for correction officers employed by Nassau county
508‑B*3
Death benefits for correction officers employed by Suffolk county
508‑B*4
Death benefits for deputy sheriffs employed by Suffolk county
508‑C
Death benefits for fire marshals employed by Nassau county
509
Accidental death benefits
509‑A
COVID-19 benefit
510
Escalation of benefits
511
Coordination with social security benefits
512
Final average salary
513
Credit for service
514
Options
515
Optional retirement program
516
Vesting
517
Member contributions
517‑A
Termination of membership
517‑B
Loans to members of a teachers’ retirement system
517‑C
Loans to members of certain retirement systems
518
Election of coverage under article
519
Effect of other laws
520
Duration

Accessed:
Dec. 21, 2024

Last modified:
Dec. 30, 2022

§ 509-A’s source at nysenate​.gov

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