§ 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.