N.Y. Personal Property Law 45-A – Salary or earnings of public officer or employee
§ 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.
Terms Used In N.Y. Personal Property Law 45-A
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
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.