What's happening
This bill grants corrections uniformed staff a presumption of COVID-19 as a duty-related disability for retirement benefits.
Why it matters
Expands protections for corrections staff by making it easier to qualify for disability benefits. if they become permanently disabled or die due to COVID-19, recognizing the heightened workplace risk they face.
Shifts the burden of proof to the employer or retirement system. , meaning that unless there is strong evidence proving the illness was not work-related, the default assumption will be that COVID-19 was contracted on the job.
May increase financial security for affected workers and their families. , ensuring that those who suffer long-term harm from COVID-19 are not left without support due to difficulties proving the source of infection.
Signals a recognition of COVID-19 as an occupational hazard for corrections staff. , which could set a precedent for similar presumptions for other frontline or high-risk professions in the future.
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Who cares
Uniformed state correctional personnel
Covered members who contract COVID-19 while employed in state correctional institutions and suffer permanent disability or death would receive a presumption that it was duty-related, supporting eligibility for a performance-of-duty disability retirement benefit.
Correctional employee unions
The bill would give covered members a duty-related presumption for qualifying COVID-19 cases unless competent evidence proves otherwise.
State retirement benefit administrators
They would have to apply the new presumption and determine benefit eligibility under the referenced retirement law provisions.
Headline styles
Disability Aid for COVID Guards
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to civil service and pensions
- Referred to civil service and pensions
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
842
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the retirement and social security law, in relation to eligibility for a performance of duty disability retirement benefit
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 507-b of the retirement and social security law is amended by adding a new subdivision g to read as follows:
g. Notwithstanding any provision of this chapter or of any general, special or local law to the contrary, a member covered by this section who contracts COVID-19 while employed as a uniformed personnel in institutions under the jurisdiction of the department of corrections and community supervision, resulting in a permanent disability or death, shall be presumptive evidence that it was incurred in the performance and discharge of duty, unless the contrary be proved by competent evidence. Such individual shall be eligible for a performance of duty disability retirement benefit as provided in section sixty-three of this chapter, subject to section sixty-four of this chapter.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03119-01-5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the retirement and social security law, in relation to eligibility for a performance of duty disability retirement benefit
Purpose or general idea of bill
Relates to eligibility for a performance of duty disability retirement benefit.
Summary of provisions
Section 1 amends the retirement and social security law to include indi- viduals who contract COVID19, and as a result suffer a permanent disa- bility or death, as eligible for a performance of duty disability retirement benefit.
Section 2 provides the effective date.
Justification
Lebertus Vanderwerff was a New York State Department of Corrections and Community Services transportation officer for Auburn Correctional Facil- ity from 2015 to 2021. His job duties included the following: counting incarcerated individuals' property and records, frisking incarcerated individuals and applying mechanical restraints, waist chains, black box and ankle restraints, along with counting and securing these individuals on the minibus where he would drive them from state facilities in his hub. He would often work 14 to 16 hour shifts and was not informed of COVID-19 positive inmates until after his shift. It is no surprise in early 2022 Mr. Vanderwerff contracted the virus and it had debilitating effects on his health. He developed Pneumonia which has done permanent damage to his lungs and has completely derailed his and his family's life as well. Mr. Vanderwerff had to either retire or be medically terminated and lose his retirement benefits. When it was determined he could no longer work he applied for performance of duty disability along with documentation of trace contact from the incarcerated individuals he transported. He was denied performance of duty disability despite the overwhelming evidence that he contracted COVI D-19 while transporting COVID positive inmates during an unprecedented pandemic. Mr. Vanderwerff should be commended for his service to others during the COVID-19 pandemic. This bill is one step toward properly compensating him for that service.
Prior legislative history
2023-2024: S8785 (May) / A9378 (Lemondes)
For state and local governments
To be determined
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.