§ 8464a. Relationship between annuity and workers’ compensation
(a)
(1)
An individual is not entitled to receive—
(B)
compensation for injury to, or disability of, such individual under subchapter I of chapter 81, other than compensation payable under section
8107,
covering the same period of time.
(b)
If an individual is entitled to an annuity under subchapter II, IV, or V, and the individual receives a lump-sum payment for compensation under section
8135 based on the disability or death of the same person, so much of the compensation as has been paid for a period extended beyond the date payment of the annuity commences, as determined by the Department of Labor, shall be refunded to that Department for credit to the Employees’ Compensation Fund. Before the individual may receive the annuity, the individual shall—
(1)
refund to the Department of Labor the amount representing the commuted compensation payments for the extended period; or
Deductions from the annuity may be made from accrued or accruing payments. The amounts deducted and withheld from the annuity shall be transmitted to the Department of Labor for reimbursement to the Employees’ Compensation Fund. When the Department of Labor finds that the financial circumstances of an individual entitled to an annuity under subchapter II, IV, or V warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as the Department determines appropriate.