Assembly Bill A4061

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4061
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT,  PEOPLES-STOKES,  GLICK, GALEF,
   ABINANTI, SEAWRIGHT -- read once and  referred  to  the  Committee  on
   Governmental 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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07130-01-9

 A. 4061                             2
 
 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
 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.