2006 New York Code - Payment Of Both Pensions For Accident And Other Benefits Prohibited

 
    §  64.  Payment  of  both  pensions  for  accident  and other benefits
  prohibited.  a. If any benefits under the workers' compensation law  may
  be  or  become  payable  as  the  result  of  accidental  disability  or
  accidental death, no payment of any benefit shall be  made  pursuant  to
  this  article  on  account of such disability or death until there shall
  have been a final determination of the claim for  workers'  compensation
  benefits.    Pending  such final determination, however, the comptroller
  may authorize payment of all or any part of the benefits  payable  under
  this  chapter, and in that event, 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 pursuant
  to  the  provisions  of  such law. Any pension, payable pursuant to this
  article on account of any such disability or death, shall be reduced  by
  the  amount  of  the  benefits that are finally determined to be payable
  under the workers' compensation law by  reason  of  such  disability  or
  death.  Such reduction shall be effectuated as follows:
    1.  Pension  installments  shall  be  reduced  by  the  amount  of the
  concurrent workers' compensation benefits.
    2. The pension reserve on account of a pension  so  payable  shall  be
  reduced by the amount of the lump sum workers' compensation benefits. In
  such  case  the  pension  thereafter  payable  shall  be  the  actuarial
  equivalent of the pension reserve as so reduced.
    No such reduction shall be made, however, for the amount  of  medical,
  surgical,  or other attendance or treatment, nurse and hospital service,
  medicine, crutches or apparatus and  of  any  funeral  expense  provided
  under  the workers' compensation law in addition to regular compensation
  benefits, or of any legal fees awarded under the  workers'  compensation
  law.
    b.  A  final  determination  of the state workmen's compensation board
  that benefits are payable pursuant to the workmen's compensation law  by
  reason  of  the accidental disability or accidental death of a member of
  the retirement system shall not in any  respect  be,  or  constitute,  a
  determination  that  an accidental disability retirement allowance or an
  accidental death benefit is payable on account thereof pursuant  to  the
  provisions of this article.