2006 New York Code - Retirement Allowances; Restrictions On.



 
    §  13-176  Retirement  allowances;  restrictions  on. a. If a lump sum
  which has been paid or which is payable  under  the  provisions  of  the
  workers'  compensation  law  equals  or exceeds the present value of all
  amounts otherwise payable out of moneys provided or to  be  provided  by
  the  city  under  the  provisions of this chapter on account of the same
  disability of the same person, no payment shall be made to  such  person
  under  the  provisions of this chapter. If such lump sum be a percentage
  less than one hundred per cent of the present value of all such amounts,
  there shall be paid as it becomes  due  under  the  provisions  of  this
  chapter,  in  lieu  of each amount otherwise payable, an amount equal to
  the percentage thereof which is the difference between such  lesser  per
  cent and one hundred per cent.
    b.  If  an  amount  which  is  payable  throughout  a period under the
  provisions of the  workers'  compensation  law  equals  or  exceeds  the
  amounts  otherwise  payable  during  the  same  period out of the moneys
  provided or to be provided by the city  under  the  provisions  of  this
  chapter on account of the same disability of the same person, no payment
  shall be made to such person under the provisions of this chapter during
  such  period  nor  thereafter,  until  the  total amount of such omitted
  payments, together with the  regular  interest  which  they  would  have
  accumulated, equals the amount paid under the workers' compensation law,
  together  with  the regular interest which it would have accumulated. If
  an amount which is payable throughout a period under the  provisions  of
  the  workers' compensation law be a percentage less than one hundred per
  cent of the amounts otherwise payable during  the  same  period  out  of
  moneys  provided  or  to be provided by the city under the provisions of
  this chapter on account of the same disability of the same person, there
  shall be paid during such period as it becomes due under the  provisions
  of  this  chapter,  in  lieu  of  each  amount  otherwise  payable,  the
  percentage thereof which is the difference between such lesser per  cent
  and one hundred per cent.
    c.  No decision of the workers' compensation board shall be binding on
  the medical board or on the board of estimate in  the  determination  of
  eligibility  of  a  claimant for an accident disability or an accidental
  death benefit.
    d. Notwithstanding any of the foregoing provisions of this section  or
  any  other  law  to  the  contrary, pending the final determination of a
  claim for  workers'  compensation  benefits,  the  board  may  authorize
  payment  of all or any part of the benefits which are payable under this
  title and to which any of  the  foregoing  provisions  of  this  section
  apply,  and  in  that  event  the retirement system shall be entitled to
  reimbursement  out  of  the  unpaid  installment  or   installments   of
  compensation due under the workers' compensation law provided that claim
  therefor  is  filed  with the workers' compensation board, together with
  proof of the fact and amount of payment.

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