N.Y. Comp. Codes R. & Regs. tit. 2 § 102.5

Current through Register Vol. 46, No. 50, December 11, 2024

Section 102.5 - Recipients

(a) No recipient has been or shall be compelled to participate in the program for direct deposit of his or her wages or salary. In the event a recipient elects to participate in the program, the recipient shall not be compelled to establish an account for receipt of payment instructions with a particular financial institution as a condition of employment or receipt of recurring payments, except that only participating financial institutions as defined in this Part may be so designated by any recipient.

(b) In order for a recipient to receive a recurring payment by the automated clearinghouse method under this Part, at a financial institution of the recipient's choosing and to an account the title of which includes the recipient's name, the recipient shall execute the applicable portion of the direct deposit of salary enrollment form prescribed by the Department of Audit and Control for such recurring payments and deliver it to the employee's agency payroll office or to such financial institution. When appropriate, the financial institution shall complete the form and verify the information thereon.

(c) In executing a direct deposit of salary enrollment form, a recipient:

(1) designates the financial institution and the account on the books of such financial institution to which the amount of the payments shall be credited;

(2) is deemed to agree to the provisions of this Part including without limitation, the provisions regarding recovery of erroneous payments; and

(3) authorizes the Department of Audit and Control to terminate any previously executed direct deposit of salary enrollment form or any other inconsistent payment instructions applicable to the relevant recurring payment.

(d) If a recipient wishes to direct a recurring payment to a different financial institution, the recipient shall execute a new direct deposit of salary enrollment form.

(e) Once a direct deposit of salary enrollment form has been effected, it shall remain in effect until it is terminated by one of the following events:

(1) a request by the recipient to terminate his or her participation in the direct deposit program by notifying the Department of Audit and Control through the recipient's personnel office or payroll office;

(2) the death of a recipient;

(3) a change in the title of an account which removes the name of the recipient or adds the name of a joint tenant; or

(4) the closing of the account.

Upon the occurrence of a change in the account title, the recipient shall execute a new direct deposit of salary enrollment form before further payments may be made to the recipient's account.

(f) When appropriate, a financial institution may change accounts or account numbers by adhering to established Automated Clearing House procedures for processing notifications of change.

(g) If the account to which the recurring payment is to be made is a joint account, each joint tenant must also sign the direct deposit of salary enrollment form. By signing such form, the recipient/employee and joint tenant each consent to allow the State, through the financial institution, to recover payments as specified in section 102.8 of this Part made to the account, all or any part of which the recipient/employee was not eligible to receive. Such payments include funds received after the death of the recipient/employee as a result of the lag payroll system, where applicable, or funds received due to an erroneous payment, or any salary payment made by mistake to the account pursuant to this program. This means of recovery is not an exclusive remedy and shall not prevent the State from utilizing any other lawful means to retrieve payments to which the recipient/employee is not entitled.

N.Y. Comp. Codes R. & Regs. Tit. 2 § 102.5