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S7614Senate2013-2014 SessionSame asA5171

Relates to defining the terms "retiree" and "beneficiary" within the freedom of information law

Sponsor Adriano EspaillatSD-31Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

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Sponsors

Primary sponsor
Adriano Espaillat

Senator · Senate District 31

No co-sponsors yet.

History

  1. 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.

A5171Assembly

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.