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New York · Through 2026-09-11

N.Y. Personal Property Law § 45-a: Salary or earnings of public officer or employee

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Where this section sits in the code
  1. Personal Property Law
  2. Article 3. Agreements In Writing; Without Consideration; Fraudulent; Factors

§ 45-a. Salary or earnings of public officer or employee. 1. No

assignment of, or power of attorney to collect or other instrument

affecting, the whole or any part of his salary or earnings by an officer

or employee of the state or of any political subdivision thereof or of

any public authority or public corporation, or of any board, body,

office or agency supported by public funds, unless approved in writing

by the head of the department, authority, court, corporation, board,

body, office or agency in which such officer or employee is employed,

and unless given either as security for or as a manner or method of the

repayment of, money actually advanced to or at the request of such

officer or employee by any bank, trust company or credit union doing

business in the State of New York, shall in any way operate to prevent

the payment of such salary or earnings directly to such officer or

employee. In the event of the payment of such salary or earnings

directly to such officer or employee, notwithstanding the existence of

an assignment of, or power of attorney to collect or other instrument

affecting, the whole or part thereof, which was not approved by the head

of the department, authority, court, corporation, board, body, office or

agency in which such officer or employee is employed, or which was not

given in favor of any such bank, trust company or credit union as

hereinabove stated, no person shall have any cause of action therefor

against the state or such political subdivision thereof or such

authority, court, corporation, board, body, office or agency for the

recovery of any moneys by virtue of such assignment, power of attorney

to collect or other instrument which was not so approved, or which was

not given in favor of any such bank, trust company or credit union.

2. Any such assignment, power of attorney or other instrument which

may be filed hereafter shall contain the name of the officer or

employee, his title or position and the department, authority, court,

corporation, board, body, bureau, agency, office and subdivision thereof

in which he is employed.

3. The state or any political subdivision thereof or any authority,

court, corporation, board, body, office or agency to which such

assignment, power of attorney or other instrument shall be presented for

filing, shall be entitled to receive the sum of two dollars. In the

event, however, that such assignment, power of attorney or other

instrument contains a provision to the effect that the same is

ineffective unless subsequent written notice is given to make

deductions, the filing fee shall be fifty cents; and the filing fee of

any subsequent written notice to make deductions in accordance with the

terms of any such assignment, power of attorney or other instrument

shall be one dollar and fifty cents. The filing fee of any other notice

or paper relating to any such assignment, power of attorney or other

instrument shall be one dollar.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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