ยง 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.
Structure New York Laws
Article 5 - Assistance and Care
131 - Assistance, Care and Services to Be Given.
131-A - Monthly Grants and Allowances of Public Assistance.
131-AA - Monthly Statistical Reports.
131-AAA - Availability of Adverse Childhood Experiences Services.
131-BB - Family Homelessness and Eviction Prevention Supplement Program.
131-C - Inclusion of Parents and Siblings of a Minor in the Public Assistance Household.
131-D - Substance Abuse Rehabilitative and Preventive Services.
131-E - Family Planning Services.
131-F - Retroactive Social Security Benefit Increases.
131-G - Authority to Accept Public and Private Gifts.
131-H - Authority to Operate Family Homes for Adults.
131-I - Social Services Districts; Agreements.
131-I*2 - Family Loan Program.
131-J - Certain Utility Deposits.
131-K - Undocumented Noncitizens.
131-L - Exclusion of Agent Orange Benefits.
131-M - Information on Resource Referral Services.
131-N - Exemption of Income and Resources.
131-O - Personal Allowances Accounts.
131-P - Group Health Insurance Benefits; Condition of Eligibility.
131-Q - Electronic Payment File Transfer System Pilot Project.
131-R - Liability for Reimbursement of Public Assistance Benefits.
131-U - Domestic Violence Services.
131-V - Temporary Emergency Shelter.
131-W - Limitations in the Payment of Rent Arrears.
131-X - Reverse Mortgage Loans.
131-Z - Child Assistance Program.
131-ZZ - Child Poverty Reduction.
132 - Investigation of Applications.
132-A - Children Born Out of Wedlock; Special Provisions.
133 - Temporary Preinvestigation Emergency Needs Assistance or Care.
133-A - Contracts for Distribution of Public Assistance Grants.
134-A - Conduct of Investigation.
134-B - Front End Detection System.
134-C - Requirement to Publicly Post Information.
135 - Cooperation of Public Welfare Officials.
136 - Protection of Public Welfare Records.
136-A - Information From State Tax Commission and the Comptroller.
137 - Exemption From Levy and Execution.
138-A - Responsibility of the Department for Recipients in Family Care.
139-A - Special Provisions to Avoid Abuse of Assistance and Care.
142 - Exclusiveness of Eligibility Requirements.
143-B - Avoidance of Abuses in Connection With Rent Checks.
143-C - Avoidance of Abuses in Connection With Rent Security Deposits.
144-A - Information to Be Given to Officials of the Department and of Social Services Districts.
145-B - False Statements; Actions for Treble Damages.
146 - Penalty for the Sale or Exchange of Assistance Supplies.
148 - Penalty for Unlawfully Bringing a Needy Person Into a Public Welfare District.
149 - Penalty for Bringing a Needy Person Into the State.
150 - Penalty for Neglect to Report or for Making False Report.
152-A - Burial Reserves for Certain Recipients of Public Assistance or Care From Assigned Assets.
152-B - Surplus After Recovery of Cost of Public Assistance and Care; Unclaimed Funds.