Assembly passes accidental-death benefit for public retirees who died of COVID-19

The New York State Assembly approved Rules Report 59 on an expedited roll call, creating a special accidental-death benefit for members of state and New York City public retirement systems who died of COVID-19 between March 1, 2020, and Dec. 31, 2020.

Assemblymember Abate, the bill sponsor, told the House the measure "would establish an accidental death benefit for members of the New York State and New York City public retirement systems or pension systems who died of COVID-19 between 03/01/2020 and 12/31/2020," and explained the bill provides for certification where death certificates list alternate causes such as pneumonia or heart failure.

Assemblymember Walsh asked whether the bill creates a rebuttable presumption of line-of-duty death, a feature found in other retirement statutes. Abate said the chamber had revised the language on the floor and that the enacted measure is a "special accidental death benefit," not a statutory presumption; he noted the bill allows certification by a physician, nurse practitioner or other authorized clinicians in cases where death records used different terminology to describe the cause of death.

Members offering explanations cited the bill's immediate effect and its purpose assisting families of frontline public employees who died during the pandemic. "I wanna thank the sponsor for bringing this forward ... to help protect the families," said Assemblymember Rock before casting his affirmative vote.

The clerk recorded the fast roll call as Ayes 142, Nays 1; the bill was ordered to take effect immediately.

The Assembly recorded several personal dedications during floor explanations; the House moved on to additional agenda items following passage.