N.Y. Retirement & Social Security Law Section 607-I
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 607-I — COVID-19 benefit, https://www.­nysenate.­gov/legislation/laws/RSS/607-I (updated Dec. 30, 2022; accessed Jul. 6, 2024).

600
Application
601
Definitions
602
Eligibility for service retirement benefits
603
Eligibility for service retirement benefits
604
Service retirement benefits
604‑A
Twenty-year retirement program for New York city sanitation members
604‑B
Twenty-five-year and age fifty-five retirement program for New York city transit authority members
604‑C
Supplemental retirement allowance
604‑C*2
Optional twenty-five-year early retirement program for certain New York city members
604‑C*3
Twenty-year retirement program for Triborough bridge and tunnel members
604‑D
Age fifty-seven retirement program for certain New York city members
604‑E
Twenty-five year retirement program for dispatcher members
604‑E*2
Twenty-five year retirement program for EMT members
604‑F
Twenty-five year retirement program for deputy sheriff members
604‑F*2
Twenty-five year retirement program for special officer, parking control specialist, school safety agent, campus peace officer or New Yor...
604‑G
Twenty-five year/age fifty retirement program for automotive members
604‑H
Twenty-five year retirement program for police communications members
604‑I
Age fifty-five retirement program for New York city teachers and certain other members
604‑J
Twenty-five year retirement program for fire protection inspector members
605
Disability retirement
605‑A
Accidental disability retirement for uniformed court officers and peace officers employed in the unified court system
605‑B
Accidental disability retirement for New York city uniformed sanitation members
605‑B*2
Uniformed court officers and peace officers
605‑C
Accidental disability retirement for deputy sheriffs employed by the city of New York
605‑D
Accidental disability retirement for chief fire marshals, assistant fire marshals, division supervising fire marshals, supervising fire m...
605‑E
Accidental disability retirement for ambulance medical technician supervisors, ambulance medical technician coordinators, ambulance medic...
605‑F
Disability benefits
605‑G
Accidental disability retirement for deputy sheriffs in Nassau county
605‑G*2
Accidental disability retirement for deputy sheriffs in Suffolk county
606
Death benefits
606‑A
Death benefit for vested members who die prior to retirement
606‑B
Death benefit for deputy sheriffs employed by Nassau county
606‑B*2
Death benefits for correction officers employed by Nassau county
606‑B*3
Death benefits for correction officers employed by Suffolk county
606‑B*4
Death benefits for deputy sheriffs employed by Suffolk county
606‑C
Death benefits for correction officers employed by Westchester county
606‑C*2
Death benefits for fire marshals employed by Nassau county
607
Accidental death benefits
607‑A
Performance of duty disability retirement
607‑B
Performance of duty disability retirement
607‑C
Performance of duty disability benefit
607‑D
Disability benefits
607‑E
Accidental disability retirement
607‑F
Payment of both pensions for accident and other benefits prohibited
607‑G
Retirement for disability benefits incurred in the performance of duty
607‑H
Disability benefits
607‑I
COVID-19 benefit
607‑J
Performance of duty, disability retirement for chief fire marshals, assistant chief fire marshals, division supervising fire marshals, su...
607‑J*2
Performance of duty disability retirement benefits for certain first responders in Nassau county
607‑J*3
Performance of duty disability retirement
607‑K
Certain impairments of health
607‑L
Performance of duty disability retirement
608
Final average salary
609
Credit for service
610
Options
611
Optional retirement program
612
Vesting
613
Member contributions
613‑A
Loans to members of a teachers’ retirement system
613‑B
Loans to members of certain retirement systems
614
Effect of other laws
615
Duration
616
Transfer of membership
617
Recalculation of benefits

Accessed:
Jul. 6, 2024

Last modified:
Dec. 30, 2022

§ 607-I’s source at nysenate​.gov

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