Assembly Bill A9461A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9461--A
                                                        Cal. No. 399

                          I N  A S S E M B L Y

                              March 2, 2012
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT, LATIMER, PEOPLES-STOKES, GLICK,
  GALEF, MARKEY, REILLY, BENEDETTO, LAVINE, SCHIMEL, STEVENSON  --  read
  once  and  referred  to  the  Committee  on Governmental Operations --
  advanced to a third reading, amended and ordered reprinted,  retaining
  its place on the order of third reading

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 ASSEM-
BLY, 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 RETIRE-
MENT SYSTEM OF THE STATE, AS SUCH TERM IS DEFINED IN  SUBDIVISION  TWEN-
TY-THREE  OF SECTION FIVE HUNDRED ONE OF THE RETIREMENT AND SOCIAL SECU-
RITY 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.
  S 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 benefi-
ciary 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 organiza-

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

                      [ ] is old law to be omitted.
                                                           LBD14010-03-2

A. 9461--A                          2

tion, certified or recognized for any collective negotiating unit of  an
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.
  S 3. This act shall take effect immediately.