S T A T E O F N E W Y O R K
________________________________________________________________________
3289
2025-2026 Regular Sessions
I N A S S E M B L Y
January 27, 2025
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the state finance law, in relation to recovery of
alleged overpayment of wages
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (b) of subdivision 3 of section 200 of the state
finance law, as amended by section 1 of part U chapter 62 of the laws of
2003, is amended as follows:
(b) Nothing contained in paragraph (a) of this subdivision shall
prevent the state from recovering, by offset or otherwise, any overpay-
ment made PROVIDED SUCH OVERPAYMENT WAS MADE WITHIN THE PRECEDING THREE
HUNDRED AND SIXTY-FIVE DAYS (i) for a period when the employee was
neither performing services for the state nor on approved leave or (ii)
under circumstances where the comptroller reasonably determines that the
employee knew, or that a reasonable employee should have known, that the
salary paid to [him or her] SUCH EMPLOYEE was in excess of that which
[he or she was] THEY WERE entitled to receive PROVIDED THAT THE AMOUNT
IN QUESTION EXCEEDS FIVE HUNDRED DOLLARS AND THAT THE AFFECTED EMPLOYEE
IS PROVIDED THIRTY DAYS' NOTICE AND AN OPPORTUNITY TO RESPOND TO SUCH
FINDINGS PRIOR TO SEEKING SUCH RECOVERY. SUCH EMPLOYEE MAY ELECT TO
HAVE SUCH RECOVERY LIMITED TO NO MORE THAN TEN PER CENTUM OF THE EMPLOY-
EE'S BIWEEKLY PAYCHECK; PROVIDED, HOWEVER, THE COMPTROLLER SHALL HAVE
SOLE AUTHORITY TO COLLECT ANY AMOUNTS DUE AT THE TIME AN EMPLOYEE SEPA-
RATES FROM SERVICE.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02928-01-5
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