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S7021Senate2019-2020 SessionSame asA4061

Define Retiree and Beneficiary Terms

Official title

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

Sponsor Anna KaplanSD-7Affects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
3/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

What's happening

This bill amends the public officers law to define "retiree" and "beneficiary" and clarifies their information's protection under the Freedom of Information Law.

Why it matters

  1. Clarifies and standardizes who is considered a "retiree" and "beneficiary" for the purposes of public records. this helps ensure that privacy protections are applied consistently to all relevant former public employees and those designated to receive benefits.

  2. Specifically protects the home addresses and, for beneficiaries, even the names from mandatory disclosure under the Freedom of Information Law (FOIL). , reducing the risk of identity theft, harassment, or unwanted solicitation for these groups.

  3. Aligns the definitions in public officers law with the retirement and social security law. , removing ambiguity and potential loopholes regarding whose information is shielded from public access.

  4. Preserves the ability of unions to access this information for collective bargaining purposes. , balancing privacy with the rights of employee organizations to represent their members effectively.

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Who cares

Headline styles

Define Retiree and Beneficiary Terms

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Anna Kaplan

Senator · Senate District 7

Chair, Commerce, Economic Development And Small Business

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.

A4061Assembly

Define Retiree, Beneficiary Terms

In Senate Committee · Rules · Sponsor Steven Englebright

Impact 3 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

7021

IN SENATE (Prefiled)

January 8, 2020

Introduced by Sen. KAPLAN -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations

AN ACT to amend the public officers law, in relation to defining the terms "retiree" and "beneficiary" within the freedom of information law

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 86 of the public officers law is amended by adding two new subdivisions 6 and 7 to read as follows:

6. "Retiree" means 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.

7. "Beneficiary" means 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.

§ 2. Subdivision 7 of section 89 of the public officers law, as added by chapter 783 of the laws of 1983, is amended to read as follows:

7. Nothing in this article shall require the disclosure of the home address of an officer or employee, former officer or employee, or of a retiree of a public [employees'] 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; nor shall anything in this article require the disclosure of the name or home address of a beneficiary of a public [employees'] 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, or of an applicant for appointment to public employment; provided however, that nothing in this subdivision shall limit or abridge the right of an employee organization, certified or recognized for any collective negotiating unit of an

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07130-01-9

S. 7021 2

employer pursuant to article fourteen of the civil service law, to obtain the name or home address of any officer, employee or retiree of such employer, if such name or home address is otherwise available under this article.

§ 3. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

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 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 legis- lature, 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 retire- ment system. The bill would also define "beneficiary" as a person desig- nated 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. This bill clarifies that the names of retirees receiving public employees' retirement benefits are subject to disclo- sure pursuant to a FOIL request, while the names of beneficiaries are not.

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)). However, in 2014, the Court of Appeals in the matter of Empire Ctr. For N.Y. State Policy v. New York State Teachers' Retire- ment Sys., 2014 NY Slip Op 03193, reversing the Appellate Division, held that the Public Officers Law does not permit, pursuant to a FOIL request, the withholding of the names of retirees who receive benefits from public employees' retirement systems. The Court noted that the FOIL request at issue in this case was not made for the purpose of fundrais- ing or solicitation, which might raise privacy concerns; the Court stat- ed that if a FOIL request was made for the purpose of solicitation, then it would be time to consider the effect of a privacy exemption. By adding the definitions of "retiree" and "beneficiary" to FOIL, this bill 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 benefi- ciaries; which is also consistent with the Court of Appeals ruling.

Prior legislative history

2012 A9461-A referred to investigations and government operations

2013-14 A5171 referred to investigations and government operations

2015-16 A3149 referred to investigations and government operations

2017-18 A3306 referred to investigations and government operations

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.