|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 15, 2014||referred to investigations and government operations|
senate Bill S7614
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7614 - Details
S7614 - Sponsor 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
S7614 - Bill Text download pdf
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.
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