Section 16-109. Sanitation service; absence from duty because of injury or illness incurred prior to April eighteenth, nineteen hundred sixty-two

Each  person  employed  in  the sanitation service classification of the
  classified civil service on October tenth,  nineteen  hundred  sixty-two
  who,  prior to April eighteenth, nineteen hundred sixty-two, incurred an
  injury or illness, and who was or is absent from duty in such employment
  on or after April eighteenth, nineteen hundred sixty-two, as a result of
  such injury or illness incurred prior to such date, shall be entitled to
  receive as pay or salary during such  absence  or  absences,  an  amount
  equal to the difference between (a) the total of all payments and awards
  to  such  employee under the workers' compensation law by reason of such
  injury or illness, exclusive  of  the  death  benefit  provided  for  in
  section  sixteen  of  the  workers' compensation law; and (b) the amount
  which such employee would have received in full pay or compensation  for
  absences  from  such duty on or after April eighteenth, nineteen hundred
  sixty-two because of such injury or illness if section  16-108  of  this
  title,  as  qualified  by  the  rules  and  regulations  adopted  by the
  commissioner pursuant to such section, were applicable thereto; provided
  that the amount to which such employee would have been entitled if  such
  section  were applicable is greater than the total specified in item (a)
  hereof. The commissioner, with the approval  of  the  mayor,  may  adopt
  rules  and  regulations  in  accordance with the procedure prescribed in
  section eleven hundred five of the charter, setting forth the manner  in
  which  the  amounts  required  to  be  paid  under this section shall be
  payable. Such rules and regulations may also  provide  that  the  amount
  required  to be paid under this section for any period during which such
  employee was absent, or any part of such  amount,  may  be  paid  to  an
  employee  in  a lump sum or weekly installments or a combination of both
  prior to the date upon which the total specified in item (a) is known or
  determined, on condition that such employee execute an agreement,  in  a
  form  approved  by  the corporation counsel, consenting to reimburse the
  city for any overpayment  to  him  or  her  resulting  from  such  prior
  payment,  either at the time the amounts specified in item (a) hereunder
  are received by such employee or by salary deductions to  be  authorized
  by  such  employee  in  such  agreement.  Such rules and regulations may
  contain such other provisions as may  be  necessary  to  carry  out  the
  purposes of this section.