NY State Senate Bill 2021-S190

Senate Bill S190

Signed By Governor

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status Via A5469 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 08, 2022	signed chap.482
Aug 05, 2022	delivered to governor
May 17, 2022	returned to assembly passed senate 3rd reading cal.791 substituted for s190
May 17, 2022	substituted by a5469
Apr 27, 2022	advanced to third reading
Apr 26, 2022	2nd report cal.
Apr 25, 2022	1st report cal.791
Jan 05, 2022	referred to investigations and government operations
Jan 06, 2021	referred to investigations and government operations

Votes

- May 17, 2022 - Floor Vote
  A5469
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 17, 2022
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (2)
      
      Brouk
      
      Sanders Jr.
  Apr 25, 2022 - Investigations And Government Operations Committee Vote
  S190
  
  6
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: Apr 25, 2022
      
      aye (6)
      
      Biaggi
      
      Gaughran
      
      Kaminsky
      
      Palumbo
      
      Reichlin-Melnick
      
      Skoufis
      
      aye wr (1)
      
      O'Mara

2021-S190 (ACTIVE) - Details

See Assembly Version of this Bill:: A5469
Law Section:: Public Officers Law
Laws Affected:: Amd §§86 & 89, Pub Off L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A9461
2013-2014: A5171
2015-2016: A3149
2017-2018: A3306
2019-2020: S7021, A4061

2021-S190 (ACTIVE) - Summary

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

2021-S190 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S190

SPONSOR: KAPLAN
 
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.

 
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 subdivi-
sion 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 Teach-
ers' Retirement 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
fundraising or solicitation, which might raise privacy concerns; the
Court stated that if a FOIL request was made for the purpose of solic-
itation, 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 beneficiaries; which is also consistent with the Court of
Appeals ruling.

 
PRIOR LEGISLATIVE HISTORY:  S. 7021/A. 4061 of 2019-20; Passed in
Assembly

2012 A9461-A Passed in Assembly

2013-14 A5171 Passed in Assembly

2015-16 A3149 Passed in Assembly

2017-18 A3306 Passed in Assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S190 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    190
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01690-01-1

 S. 190                              2
 
 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
 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.

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