§ 364 — Payment of both pensions for accident and other benefits prohibited

§ 364. Payment of both pensions for accident and other benefits\nprohibited. a. If any benefits under the workers' compensation law may\nbe or become payable as the result of accidental disability or\naccidental death, no payment of any benefit shall be made pursuant to\nthis article on account of such disability or death until there shall\nhave been a final determination of the claim for workers' compensation\nbenefits. Pending such final determination, however, the comptroller may\nauthorize payment of all or any part of the benefits payable under this\nchapter, and in that event, shall be entitled to reimbursement out of\nthe unpaid installment or installments of compensation due under the\nworkers' compensation law provided that claim therefor is filed pursuant\nto the provisions of such law. Any pension, payable pursuant to this\narticle on account of any such disability or death, shall be reduced by\nthe amount of the benefits that are finally determined to be payable\nunder the workers' compensation law by reason of such disability or\ndeath. Such reduction shall be effectuated as follows:\n 1. Pension installments shall be reduced by the amount of the\nconcurrent workers' compensation benefits.\n 2. The pension reserve on account of a pension so payable shall be\nreduced by the amount of the lump sum workers' compensation benefits. In\nsuch case the pension thereafter payable shall be the actuarial\nequivalent of the pension reserve as so reduced.\n No such reduction shall be made, however, for the amount of medical,\nsurgical, or other attendance or treatment, nurse and hospital service,\nmedicine, crutches or apparatus and of any funeral expense provided\nunder the workers' compensation law in addition to regular compensation\nbenefits, or of any legal fees awarded under the workers' compensation\nlaw.\n b. A final determination of the state workers' compensation board that\nbenefits are payable pursuant to the workers' compensation law by reason\nof the accidental disability or accidental death of a member of the\npolice and fire retirement system shall not in any respect be, or\nconstitute, a determination that an accidental disability retirement\nallowance, a disability incurred in performance of duty allowance or an\naccidental death benefit is payable on account thereof pursuant to the\nprovisions of this article.\n