N.Y. Social Services Law Section 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 5 (Assistance and Care)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 5 (Assistance and Care)article five of this chapter.

Source: Section 137-A — Exemption of earnings of recipients from assignment, income execution and installment payment order, https://www.­nysenate.­gov/legislation/laws/SOS/137-A (updated Sep. 22, 2014; accessed Oct. 26, 2024).

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‑B
Fees for 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
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
131‑Q
Electronic payment file transfer system pilot project
131‑R
Liability for reimbursement of public assistance benefits
131‑S
Payments made for utility service for recipients of public assistance benefits, supplemental security income benefits or additional state...
131‑SS
Automated identification of OTDA assistance program participants
131‑T
Periodic reporting
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
133
Temporary preinvestigation emergency needs assistance or care
133‑A
Contracts for distribution of public assistance grants
134
Supervision
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
137‑A
Exemption of earnings of recipients from assignment, income execution and installment payment order
138‑A
Responsibility of the department for recipients in family care
139‑A
Special provisions to avoid abuse of assistance and care
141
Burial of the dead
142
Exclusiveness of eligibility requirements
142‑A
Federal economic opportunity act grants or payments
142‑B
Federal manpower development training act and elementary and secondary education act grants or payments
143
Information to be given by employers of labor to social services officials, the department, family court and the state department of ment...
143‑A
Information to be given to public welfare officials by retail instalment sellers, small loan companies and sales finance companies
143‑B
Avoidance of abuses in connection with rent checks
143‑C
Avoidance of abuses in connection with rent security deposits
144
Power of public welfare officials and service officers to administer oaths
144‑A
Information to be given to officials of the department and of social services districts
145
Penalties
145‑A
Judgment liens
145‑B
False statements
145‑C
Sanctions
146
Penalty for the sale or exchange of assistance supplies
147
Misuse of food stamps, food stamp program coupons, authorization cards and electronic access devices
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
151
Penalties for cashing public assistance checks or accepting electronic benefit transfers from public assistance recipients
152
Payments to the New York public welfare association
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
152‑C
Menstrual products
152‑D
Replacement of stolen public assistance

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 137-A’s source at nysenate​.gov

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