Section 7-7.1. Child performer trust account


Latest version.
  • 1.  Scope. This section applies to contracts pursuant to which a child
      performer:
        (a) is employed or agrees to render artistic or creative services  for
      a  fee,  either directly or through a third-party individual or personal
      services corporation (loan-out company), or through an agency or service
      that provides artistic or creative services (casting agency); and
        (b) agrees to purchase, or otherwise secure, sell, lease, or otherwise
      dispose of literary, musical,  or  dramatic  properties,  or  use  of  a
      person's   likeness,  voice  recording,  performance,  or  story  of  or
      incidents in his or her life, either  tangible  or  intangible,  or  any
      other  rights  therein  for  use  in  motion  pictures,  television, the
      production of sound recordings in any  format  now  known  or  hereafter
      devised,   the   legitimate   or  living  stage,  or  otherwise  in  the
      entertainment field.
        2. Establishment of  child  performer  trust  account.  (a)  Employer.
      Within  thirty  days  following the final day of employment, except when
      the performance contract is a period longer than thirty  days,  a  child
      performer's  employer  is  required to transfer fifteen percent of gross
      earnings to the custodian of the child performer's child performer trust
      account. When the employment is longer than thirty  days,  the  employer
      shall  make  the  required transfer every payroll period. Transfers must
      conform with part six of this article. The use of an instrument to  make
      the   transfer  which  substantially  conforms  with  section  7-6.9  is
      sufficient. If the child performer's  employer  has  not  been  notified
      within  fifteen  days of the commencement of employment of the existence
      of a child  performer  trust  account,  or  no  such  account  has  been
      established,  then  the  child  performer's employer shall transfer such
      monies together with the child performer's name and last  known  address
      to  the  state  comptroller  for  placement  into  the child performer's
      holding fund established in section ninety-nine-k of the  state  finance
      law and such monies shall be administered by the state comptroller. Once
      transfers  have  been made to the child performer's trust account or the
      child performer's holding fund, as required  by  this  subdivision,  the
      child performer's employer has no further duty under this section.
        (b) Custodian and guardian. Within fifteen days of the commencement of
      employment  the child performer's guardian or custodian must establish a
      child performer trust account  in  accordance  with  part  six  of  this
      article,  unless  an  account  has previously been established. Once the
      child performer trust account has been established the child performer's
      guardian or custodian shall notify the child performer's employer of the
      existence of the account and any additional information required to make
      transfers. The custodian of the account shall promptly notify the  child
      performer's  employer of any change in facts which affect the employer's
      obligation to set aside funds under this section. Upon  request  of  the
      parent,  legal  guardian or the child performer's guardian ad litem, the
      custodian may require the child performer's employer  to  transfer  more
      than  fifteen percent of the gross earnings to the child performer trust
      account. The child performer's parent or legal  guardian  may  serve  as
      custodian.  Once  the  child performer trust account balance reaches two
      hundred fifty  thousand  dollars  or  more  a  trust  company  shall  be
      appointed as custodian of the account.
        (c)  Termination of child performer trust account. The child performer
      may terminate the child performer trust account upon reaching the age of
      eighteen.
        3. Standard for child performer trust accounts.  Custodian  management
      of  funds  which  are required to be placed into a child performer trust
    
      account shall be subject to part six of this article,  in  all  respects
      except as provided in this section.