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This entry was published on 2014-09-22
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SECTION 45-A
Salary or earnings of public officer or employee
Personal Property (PEP) CHAPTER 41, ARTICLE 3
§ 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.

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.