Section 13-260. Retirement allowances; restrictions on  


Latest version.
  • 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 subchapter on account of the same
      disability of the same person, no payment shall be made to  such  person
      under  the  provisions  of  this  subchapter.  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 subchapter, 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
      article on account of the same disability of the same person, no payment
      shall  be  made  to  such person under the provisions of this subchapter
      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 subchapter 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 subchapter, 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 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
      subchapter and to which any of the foregoing provisions of this  section
      apply,  and  in  that  event  the  pension  fund  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.