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

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 workers' compensation board that
  benefits are payable pursuant to the workers' 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.
    * NB Expires June 30, 2011