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A05469 Summary:

BILL NOA05469
 
SAME ASSAME AS S00190
 
SPONSOREnglebright
 
COSPNSRPeoples-Stokes, Glick, Galef, Abinanti, Seawright, Lupardo, Zinerman, Barron, Sayegh
 
MLTSPNSR
 
Amd §§86 & 89, Pub Off L
 
Relates to defining the terms "retiree" and "beneficiary" within the freedom of information law.
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A05469 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5469
 
SPONSOR: Englebright
  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 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 legis- lature, 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 retire- ment system. The bill would also define "beneficiary" as a person desig- nated 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. This bill clarifies that the names of retirees receiving public employees' retirement benefits are subject to disclo- sure pursuant to a FOIL request, while the names of beneficiaries are not.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   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)). However, in 2014, the Court of Appeals in the matter of Empire Ctr. For N.Y. State Policy v. New York State Teachers' Retire- ment Sys., 2014 NY Slip Op 03193, reversing the Appellate Division, held that the Public Officers Law does not permit, pursuant to a FOIL request, the withholding of the names of retirees who receive benefits from public employees' retirement systems. The Court noted that the FOIL request at issue in this case was not made for the purpose of fundrais- ing or solicitation, which might raise privacy concerns; the Court stat- ed that if a FOIL request was made for the purpose of solicitation, then it would be time to consider the effect of a privacy exemption. By adding the definitions of "retiree" and "beneficiary" to FOIL, this bill 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 benefi- ciaries, which is also consistent with the Court of Appeals ruling.   PRIOR LEGISLATIVE HISTORY: 2012 A9461-A referred to investigations and government operations 2013-14 A5171 referred to investigations and government operations 2015-16 A3149 referred to investigations and government operations 2017-18 A3306 referred to investigations and government operations 2019-20 A4061 passed Assembly   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A05469 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5469
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:
 
     1    Section 1. Section 86 of the public officers law is amended by  adding
     2  two new subdivisions 10 and 11 to read as follows:
     3    10.  "Retiree"  means  a  former officer or employee of an agency, the
     4  state legislature, or the judiciary who was a member of a public retire-
     5  ment system of the state, as such term is defined in  subdivision  twen-
     6  ty-three  of section five hundred one of the retirement and social secu-
     7  rity law and is receiving, or entitled to receive, a benefit  from  such
     8  public retirement system.
     9    11.  "Beneficiary" means a person designated by a member or retiree of
    10  a public retirement system of the state to receive retirement  or  death
    11  benefits following the death of the member or retiree.
    12    §  2. Subdivision 7 of section 89 of the public officers law, as added
    13  by chapter 783 of the laws of 1983, is amended to read as follows:
    14    7. Nothing in this article shall require the disclosure  of  the  home
    15  address  of  an officer or employee, former officer or employee, or of a
    16  retiree of a public [employees'] retirement system of the state, as such
    17  term is defined in subdivision twenty-three of section five hundred  one
    18  of  the  retirement  and social security law; nor shall anything in this
    19  article require the disclosure of the name or home address of a  benefi-
    20  ciary  of  a public [employees'] retirement system of the state, as such
    21  term is defined in subdivision twenty-three of section five hundred  one
    22  of  the  retirement  and  social  security  law,  or of an applicant for
    23  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
 
     1  subdivision shall limit or abridge the right of  an  employee  organiza-
     2  tion,  certified or recognized for any collective negotiating unit of an
     3  employer pursuant to article fourteen  of  the  civil  service  law,  to
     4  obtain  the  name or home address of any officer, employee or retiree of
     5  such employer, if such name or home address is otherwise available under
     6  this article.
     7    § 3. This act shall take effect immediately.
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