Assembly Bill A5469

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5469
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 18, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT,  PEOPLES-STOKES,  GLICK, GALEF,
   ABINANTI, SEAWRIGHT, LUPARDO -- read once and referred to the  Commit-
   tee 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 10 and 11 to read as follows:
   10.  "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.
   11.  "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.
              

                                                            LBD01690-01-1

 A. 5469                             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.