§ 607-F — Payment of both pensions for accident and other benefits prohibited; Westchester county district attorney investigators

§ 607-f. Payment of both pensions for accident and other benefits\nprohibited; Westchester county district attorney investigators. a. If\nany benefits under the workers' compensation law may be or become\npayable as the result of accidental disability or accidental death, no\npayment of any benefit shall be made pursuant to this article on account\nof such disability or death until there shall have been a final\ndetermination of the claim for workers' compensation benefits. Pending\nsuch final determination, however, the comptroller may authorize payment\nof all or any part of the benefits payable under this chapter and, in\nthat event, shall be entitled to reimbursement out of the unpaid\ninstallment or installments of compensation due under the workers'\ncompensation law; provided that claim therefor is filed pursuant to the\nprovisions of such law. Any pension, payable pursuant to this article on\naccount of any such disability or death, shall be reduced by the amount\nof the benefits that are finally determined to be payable under the\nworkers' compensation law by reason of such disability or death. Such\nreduction 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. No such reduction shall\nbe made, however, for the amount of medical, surgical, or other\nattendance or treatment, nurse and hospital service, medicine, crutches,\nor apparatus, and of any funeral expense provided under the workers'\ncompensation law in addition to regular compensation benefits, or of any\nlegal fees awarded under the workers' compensation law.\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\nretirement system shall not in any respect be, or constitute, a\ndetermination that an accidental disability retirement allowance or an\naccidental death benefit is payable on account thereof pursuant to the\nprovisions of this article.\n