N.Y. Retirement and Social Security Law 64 – Payment of both pensions for accident and other benefits prohibited
§ 64. 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:
Terms Used In N.Y. Retirement and Social Security Law 64
- member: shall include each person who during the qualifying period was in the employment of a public employer which then participated for such employees in a public retirement system in this state, irrespective of whether the person was a participant in such system at that time, provided that the person has become a participant in such retirement system and has purchased service credit for a period of time that includes some or all of the qualifying period in accordance with provisions of law applicable to such purchase of service credit. See N.Y. Retirement and Social Security Law 2
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 workmen's compensation board that benefits are payable pursuant to the workmen's 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.