N.Y. Comp. Codes R. & Regs. tit. 9 § 5002.11

Current through Register Vol. 46, No. 42, October 16, 2024

Section 5002.11 - Prize rights non-assignable

(a) No right of any person to a prize shall be assignable, except that any prize may be paid to the estate of a deceased prize winner, and except that any assignee, pursuant to an appropriate judicial order of a court of competent jurisdiction, may be paid the prize to which the winner is entitled. For the purposes of this section, payment of a prize or a portion thereof to any of the agencies described in this section shall be deemed to be paid pursuant to an appropriate judicial order of a court of competent jurisdiction. The commission shall be discharged of all liability upon payment of a prize pursuant to this section. A prize, or a portion thereof, may be paid to:

(1) the Office of Temporary and Disability Assistance, pursuant to an agreement under Tax Law section 1613-a where the Office of Temporary and Disability Assistance has informed the commission that the claimant has failed to obey a court order requiring the claimant to pay past-due support;

(2) the Office of Temporary and Disability Assistance, pursuant to an agreement under Tax Law section 1613-b where the Office of Temporary and Disability Assistance has identified the claimant as a recipient of public assistance benefits who is liable to reimburse the State for such benefits; and

(3) the Department of Taxation and Finance, pursuant to an agreement under Tax Law section 1613-c where the Department of Taxation and Finance has informed the commission that the claimant has past-due tax liabilities.

(b) Any potential assignee seeking a court-ordered assignment pursuant to Tax Law section 1613(d) shall pay to the commission a processing fee of $435 per assignment in connection with consideration of such assignment, as authorized by Tax Law section 1613(d)(7). If the Commission incurs costs exceeding such fee for a particular assignment, the Commission may assess and collect from the potential or actual assignee an additional fee of $86.50 for each hour expended in relation to the consideration or administration of such proposed or ordered assignment, less the original processing fee.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5002.11

Amended New York State Register December 20, 2023/Volume XLV, Issue 51, eff. 12/20/2023

Amended New York State Register April 10, 2024/Volume XLVI, Issue 15, eff. 4/10/2024