New York Laws
Title 8 - Death Benefits and Disability Retirement
364 - Payment of Both Pensions for Accident and Other Benefits Prohibited.

§ 364. Payment of both pensions for accident and other benefits
prohibited. 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
police and fire 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.