Section 364. Payment of both pensions for accident and other benefits prohibited


Latest version.
  • 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
      policemen's and firemen's retirement system shall not in any respect be,
      or  constitute, a determination that an accidental disability retirement
      allowance, a disability incurred in performance of duty allowance or  an
      accidental  death  benefit is payable on account thereof pursuant to the
      provisions of this article.