Legislation
SECTION 137-A
Exemption of earnings of recipients from assignment, income execution and installment payment order
Social Services (SOS) CHAPTER 55, ARTICLE 5, TITLE 1
§ 137-a. Exemption of earnings of recipients from assignment, income
execution and installment payment order. 1. All wages, salary,
commissions or other compensation paid or payable by an employer to a
person while he is in receipt of public assistance or care supplementary
to his income pursuant to the provisions of titles three, four, five,
six and ten of article five of this chapter, or while he would otherwise
need such assistance or care, shall be exempt from assignment, income
execution or from an installment payment order under the laws of this
state but only so long as such public assistance or care, shall continue
or would be needed if the assignment, income execution or installment
payment order were enforced. The claim of the creditor shall in all
other respects remain unaffected. Any employer who shall withhold or pay
over to a person presenting an income execution installment payment
order or assignment, any portion of the earnings of such a recipient of
public assistance or care, after receiving notification in writing from
a social services official that the employee is receiving public
assistance or care, or that he would become in need of public assistance
or care if the assignment, income execution or installment payment order
were enforced, shall be liable in an action by such recipient for the
amount so paid or withheld contrary to the provisions of this section. A
social services official sending such notification to an employer shall
be required to notify the employer, in writing, of the termination of
such receipt and need for public assistance and care of the employee
involved when this shall occur. Upon receipt of such notice of
termination the employer may commence or resume, as the case may be,
payment and withholding under any assignment, income execution or
installment payment order whose effectiveness was postponed or suspended
by this section.
2. As used in this section, "public assistance and care" shall include
federal supplemental security income benefits paid pursuant to title
sixteen of the federal social security act and additional state payments
paid pursuant to title six of article five of this chapter.
execution and installment payment order. 1. All wages, salary,
commissions or other compensation paid or payable by an employer to a
person while he is in receipt of public assistance or care supplementary
to his income pursuant to the provisions of titles three, four, five,
six and ten of article five of this chapter, or while he would otherwise
need such assistance or care, shall be exempt from assignment, income
execution or from an installment payment order under the laws of this
state but only so long as such public assistance or care, shall continue
or would be needed if the assignment, income execution or installment
payment order were enforced. The claim of the creditor shall in all
other respects remain unaffected. Any employer who shall withhold or pay
over to a person presenting an income execution installment payment
order or assignment, any portion of the earnings of such a recipient of
public assistance or care, after receiving notification in writing from
a social services official that the employee is receiving public
assistance or care, or that he would become in need of public assistance
or care if the assignment, income execution or installment payment order
were enforced, shall be liable in an action by such recipient for the
amount so paid or withheld contrary to the provisions of this section. A
social services official sending such notification to an employer shall
be required to notify the employer, in writing, of the termination of
such receipt and need for public assistance and care of the employee
involved when this shall occur. Upon receipt of such notice of
termination the employer may commence or resume, as the case may be,
payment and withholding under any assignment, income execution or
installment payment order whose effectiveness was postponed or suspended
by this section.
2. As used in this section, "public assistance and care" shall include
federal supplemental security income benefits paid pursuant to title
sixteen of the federal social security act and additional state payments
paid pursuant to title six of article five of this chapter.