N.Y. Retirement & Social Security Law § 140: Recovery of delinquent payments

§ 140. Recovery of delinquent payments. Amounts due from political

subdivisions under sections one hundred thirty-eight and one hundred

thirty-nine of this chapter and which are unpaid after the final date

for their payment, may, at the request of the director and after written

notice to the fiscal officer of the political subdivision liable

therefor, be deducted, with interest, from any moneys payable by the

state to such political subdivision, or such delinquent payments may be

recovered, with interest, by an action as upon contract in a court of

competent jurisdiction against such political subdivision. If the amount

due from the political subdivision, with interest thereon, is

unascertainable because of the failure of such subdivision to file one

or more reports, any or all moneys payable by the state to such

subdivision may be withheld until such report or reports are filed and

the amount due, with interest, is paid directly by the political

subdivision or as provided above. In the case of amounts due under

sections one hundred thirty-four, one hundred thirty-five and one

hundred thirty-eight of this chapter, such interest shall be computed at

the rate established by the Federal Social Security Act. Such rate shall

be applied on a per-diem basis based on the number of days from the

final due date established for such payment by the Federal Social

Security Act through and inclusive of the date such payment is credited

to the account of the Secretary of the Treasury of the United States. In

the case of amounts due under section one hundred thirty-nine of this

chapter, interest shall be computed from the first day after the final

date for payment at the rate of four per centum per annum.