New York Laws
Title 8 - Death Benefits and Disability Retirement
361-B - Covid-19 Benefit.

(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