N.Y. Retirement & Social Security Law § 507-g: Payment of both pensions for accident and other benefits prohibited; Westchester county district attorney investigators

§ 507-g. 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.