What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to defining the terms "retiree" and "beneficiary" within the freedom of information law
In Senate Committee · Investigations And Government Operations · Sponsor Steven Englebright
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S7614
Title of bill
An act to amend the public officers law, in relation to defining the terms "retiree" and "beneficiary" within the freedom of information law
Purpose or general idea of bill
The purpose of this bill is to clarify that the name of a retiree in a public employees' retirement system is subject to disclosure under FOIL.
Summary of specific provisions
This bill would amend section 86 of the Public Officers Law to define "retiree" as a former officer or employee of an agency, the state legislature, or the judiciary who was a member of a public retirement system of the state, as such term is defined in subdivision twenty-three of section five hundred one of the retirement and social security law and is receiving, or entitled to receive, a benefit from such public retirement system. The bill would also define "beneficiary" as a person designated by a member or retiree of a public retirement system of the state to receive retirement or death benefits following the death of the member or retiree.
Justification
Subdivision 7 of section 89 of the Public Officers Law clearly states that the identity of a retiree can be disclosed in response to a FOIL request, but that the identity of a beneficiary is exempt. Despite this, the First Department, Appellate Division interpreted this subdivision to preclude access to the names of retirees who receive pension benefits through the NYC Police Pension Fund (Empire Center for New York State Policy v. New York City Police Pension Fund, 88 AD3d 520, 930 NYS2d 576, (1st Dept, 2011)). Adding the definitions of "retiree" and "beneficiary" to FOIL will clarify that the intent of subdivision 7 of section 89 is to allow for the release of retiree's names while protecting the names of beneficiaries,
Prior legislative history
2012: A.9461-A - Passed Assembly
Fiscal implications
None noted.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.