N.Y. Social Services Law § 137-a: Exemption of earnings of recipients from assignment, income execution and installment payment order

§ 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.