Section 171-A*2. Statewide wage reporting system  


Latest version.
  • (1) The department shall
      design, develop, implement and operate a wage  reporting  system  within
      the  department  utilizing information submitted by employers as defined
      under article eighteen of the labor law. The department is authorized to
      require submission of a report, in such  form  and  in  such  manner  as
      prescribed  by  regulations  for not more frequently than four times per
      annum, of the name, social security account number, and gross wages paid
      to each employee who resides or is employed in this  state,  whether  or
      not such employee is a resident for purposes of this chapter and whether
      or  not  the wages of such employee are subject to withholding of tax or
      payments of tax under article twenty-two  of  this  chapter.  No  report
      shall  be  filed  with respect to an employee of a state or local agency
      performing intelligence or counterintelligence functions, if the head of
      such agency has determined that filing such a report could endanger  the
      safety  of  the  employee  or  compromise  an  ongoing  investigation or
      intelligence mission.
        (2) Such system shall be designed in a manner compatible with existing
      reporting  requirements,  to  the  extent  possible,   while   remaining
      consistent  with  the goals of such system, and shall be consistent with
      the provisions of article eighteen of the  labor  law.  Not  later  than
      January  first,  nineteen  hundred  ninety-six,  the  department  shall,
      pursuant to regulation, begin to collect such data in  such  manner  for
      the  first  quarter of calendar year nineteen hundred ninety-six and for
      all subsequent quarters.
        (3) (a) Notwithstanding any law to the contrary, the  commissioner  of
      taxation  and  finance  shall  maintain  cooperative agreements with the
      state  office  of  temporary  and  disability  assistance,  which  shall
      provide:
        (i)  for  the  utilization  by  the office of temporary and disability
      assistance of information obtained pursuant to subdivision one  of  this
      section, for the purpose of verifying eligibility for and entitlement to
      amounts  of  benefits  under  the  social  services law, locating absent
      parents  or  other  persons  legally  responsible  for  the  support  of
      applicants  or recipients of public assistance and care under the social
      services law and persons  legally  responsible  for  the  support  of  a
      recipient  of  services under section one hundred eleven-g of the social
      services law and, in appropriate cases, establishing support obligations
      pursuant to the social services law and the family court  act,  and  for
      the  purpose  of  evaluating  the effect on earnings of participation in
      employment or  training  programs  authorized  pursuant  to  the  social
      services  law by current recipients of public assistance and care and by
      former recipients of public assistance and care,  such  agreement  shall
      further   provide  to  the  degree  required  by  federal  law  for  the
      commissioner and the office of temporary and  disability  assistance  to
      provide information obtained pursuant to subdivision one of this section
      to  the  federal social security administration or to public agencies in
      other states which administer programs  under  the  food  stamp  act  of
      nineteen  hundred seventy-seven or title I, II, IV-A, IV-D, X, XIV, XVI,
      or XIX of the federal social security act and to take such  other  steps
      as  may  be required by section one thousand one hundred thirty-seven of
      the social security act or federal regulations  promulgated  thereunder;
      and
        (ii)  for  the  utilization  by the office of temporary and disability
      assistance of information obtained pursuant to subdivision one  of  this
      section, with respect to the parents, the stepparents, the child and the
      siblings  of  the child who were living in the same household as a child
      who is in the custody, care and custody or custody and guardianship of a
      local social services district or of the office of children  and  family
    
      services  during  the  month  that  the court proceedings leading to the
      child's removal from  the  household  were  initiated,  or  the  written
      instrument  transferring  care  and custody of the child pursuant to the
      provisions  of  section  three  hundred  fifty-eight-a  or three hundred
      eighty-four-a of the social services law was signed,  provided  however,
      that  the  office  of temporary and disability assistance shall only use
      the information obtained pursuant to this subdivision, for  the  purpose
      of  determining  the  eligibility of such child for federal payments for
      foster care and adoption assistance pursuant to the provisions of  title
      IV-E  of  the  federal  social  security  act. Notwithstanding any other
      provision of law, the office of temporary and disability  assistance  is
      authorized  to  share  information obtained pursuant to this subdivision
      with any applicable social services district, provided however, that  if
      such  information  is  shared,  that such social services district shall
      only use the information obtained for the  purpose  of  determining  the
      eligibility  of  such  child  for  federal  payments for foster care and
      adoption assistance pursuant to the provisions  of  title  IV-E  of  the
      federal social security act.
        (b)  Notwithstanding any law to the contrary and not later than ninety
      days after the effective date of this  paragraph,  the  commissioner  of
      taxation  and  finance shall enter into a cooperative agreement with the
      commissioner of social services for the delivery to the state department
      of social services of information obtained pursuant to  subdivision  one
      hereof,  which information shall be utilized for the purpose of enabling
      such department to fulfill obligations  and  responsibilities  otherwise
      incumbent  upon  the state department of labor under section one hundred
      twenty-four of the  federal  family  support  act  of  nineteen  hundred
      eighty-eight by giving the federal parent locator service, maintained by
      the  federal  department  of health and human services, prompt access to
      certain wage information for use  by  such  latter  department  for  the
      purpose of complying with such act.
        (4)  Notwithstanding  any  law  to  the  contrary  and  not later than
      September first, nineteen hundred ninety-seven, the  commissioner  shall
      enter into a cooperative agreement with the state department of labor to
      allow the information obtained by the department pursuant to subdivision
      one  of this section to be made available to the department of labor, or
      other  individuals  designated  by  the  commissioner  of   labor,   for
      administration of such department's employment security programs, public
      assistance  work  programs,  or for other purposes deemed appropriate by
      the commissioner of labor consistent with the provisions  of  the  labor
      law,  as  well  as  for  the  evaluation  of  the  effect on earnings of
      participation in training programs with respect to which the  department
      of   labor  has  reporting,  monitoring,  administering,  or  evaluating
      responsibilities.
        5.  Notwithstanding  any  provision  of  law  to  the  contrary,   the
      commissioner   shall   enter  into  a  cooperative  agreement  with  the
      department of health, which agreement shall provide for the  utilization
      of information obtained pursuant to subdivision one of this section, for
      the  purpose  of  verifying  eligibility for child health insurance plan
      subsidy payments  and  required  premium  payments  under  sections  two
      thousand  five  hundred  ten and two thousand five hundred eleven of the
      public health law, and for the purpose of verifying eligibility for  the
      program  for elderly pharmaceutical insurance coverage under title three
      of article two of the elder law, when requested  by  the  department  of
      health.
        (6)  Notwithstanding  any  provision  of  law  to  the  contrary,  the
      commissioner shall enter into a cooperative agreement with the office of
      vocational and educational services for individuals with disabilities of
    
      the education department, the commission  for  the  blind  and  visually
      handicapped  and any other state vocational rehabilitation agency, which
      agreement shall provide for  the  utilization  of  information  obtained
      pursuant  to  subdivision one of this section, for purposes of obtaining
      reimbursement  from  the  federal  social  security  administration  for
      expenditures  made  by  such  office,  commission or agency on behalf of
      disabled individuals who have achieved economic self-sufficiency.
        (6-a) Notwithstanding any  provision  of  law  to  the  contrary,  the
      commissioner  shall enter into a cooperative agreement with the New York
      state higher  education  services  corporation,  which  agreement  shall
      provide   for  the  utilization  of  information  obtained  pursuant  to
      subdivision one of this section, for purposes of default prevention  and
      collection  of  defaulted education loan debt, including judgments, owed
      to the federal or New York state government that is being  collected  by
      the New York state higher education services corporation.
        (7) No employer shall be subject to any civil or criminal liability by
      reason  of  his disclosure to the department of any information required
      to be disclosed pursuant to this subdivision unless such information  is
      knowingly and wilfully reported incorrectly.
        (8)  The  provisions of the state freedom of information act shall not
      apply to any personally identifiable information obtained by any  agency
      or any public official pursuant to the provisions hereof.
        (9)  Cross-references.  (a)  For the applicable penalty for failure to
      comply with wage reporting requirements, see subsection (v)  of  section
      six hundred eighty-five of this chapter.
        (b)  See  paragraph  four  of  subsection  (a)  of section six hundred
      seventy-four of this chapter for requirements relating to the filing  of
      quarterly   combined   withholding,   wage  reporting  and  unemployment
      insurance returns.
        * NB There are 2 § 171-a's