§ 349-f. Pension poaching prevention. 1. For purposes of this section:\n (a) The term "veterans' benefits matter" means the preparation,\npresentation, or prosecution of any claim affecting any person who has\nfiled or expressed an intent to file a claim for any benefit, program,\nservice, commodity, function, or status, entitlement which is determined\nunder the laws and regulations administered by the United States\ndepartment of veterans affairs or the New York state division of\nveterans' affairs pertaining to veterans, their dependents, their\nsurvivors, and any other party eligible for such benefits.\n (b) The term "compensation" means money, property, or anything else of\nvalue.\n (c) The term "entity" includes, but is not limited to, any natural\nperson, corporation, trust, partnership, alliance, or unincorporated\nassociation.\n 2. (a) No entity shall solicit, contract for, charge, or receive, or\nattempt to solicit, contract for, charge, or receive, any fee or\ncompensation with respect to any veterans' benefits matter, except as\npermitted under title 38 of the United States code and the corresponding\nprovisions within title 38 of the United States code of federal\nregulations with respect to veterans' benefits matters before the United\nStates department of veterans affairs, or as permitted under state law\nor rules issued by the commissioner of veterans' services with respect\nto veterans' benefits matters before the department of veterans'\nservices.\n (b) No entity shall receive compensation for referring any party to\nanother individual to advise or assist this party with any veterans'\nbenefits matter.\n (c) Any entity seeking to receive compensation for advising or\nassisting any party with any veterans' benefits matter shall, before\nrendering any services, memorialize all terms regarding the party's\npayment of fees for services rendered in a written agreement, signed by\nboth parties, that adheres to all criteria specified within title 38,\nsection 14.636, of the United States code of federal regulations.\n (d) No entity shall receive any fees for any services rendered before\nthe date on which a notice of disagreement is filed with respect to the\nparty's case.\n (e) No entity shall guarantee, either directly or by implication, that\nany party is certain to receive specific veterans' benefits or that any\nparty is certain to receive a specific level, percentage, or amount of\nveterans' benefits.\n (f) No entity shall receive excessive or unreasonable fees as\ncompensation for advising or assisting any party with any veterans'\nbenefits matter. The factors articulated within title 38, section 14.636\nof the code of federal regulations shall govern determinations of\nwhether a fee is excessive or unreasonable.\n 3. (a) No entity shall advise or assist for compensation any party\nwith any veterans' benefits matter without clearly providing, at the\noutset of this business relationship, the following disclosure, both\norally and in writing: "this business is not sponsored by, or affiliated\nwith, the United States department of veterans affairs, the New York\nstate division of veterans' affairs, or any other congressionally\nchartered veterans service organization. Other organizations, including\nbut not limited to the New York state division of veterans' affairs,\nyour local county veterans service agency, and other congressionally\nchartered veterans service organizations, may be able to provide you\nwith this service free of charge. Products or services offered by this\nbusiness are not necessarily endorsed by any of these organizations. You\nmay qualify for other veterans' benefits beyond the benefits for which\nyou are receiving services here." The written disclosure must appear in\nat least twelve-point font and must appear in a readily noticeable and\nidentifiable place in the entity's agreement with the party seeking\nservices. The party must verbally acknowledge understanding of the oral\n
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