senate Bill S7614

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2014 referred to investigations and government operations

S7614 - Bill Details

See Assembly Version of this Bill:
A5171
Current Committee:
Law Section:
Public Officers Law
Laws Affected:
Amd ยงยง86 & 89, Pub Off L
Versions Introduced in 2011-2012 Legislative Session:
S7598, A9461A

S7614 - Bill Texts

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

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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.

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

                                  7614

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment 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 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-
tion, certified or recognized for any collective negotiating unit of  an
employer  pursuant  to  article  fourteen  of  the civil service law, to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09168-01-3

S. 7614                             2

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.

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