Bill Text: NY A03149 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed - Dead) 2016-03-16 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [A03149 Detail]

Download: New_York-2015-A03149-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3149
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT,  PEOPLES-STOKES,  GLICK, GALEF,
         MARKEY, LAVINE, SCHIMEL, ABINANTI -- 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:
    1    Section 1. Section 86 of the public officers law is amended by  adding
    2  two new subdivisions 6 and 7 to read as follows:
    3    6.  "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    7. "BENEFICIARY" MEANS A PERSON DESIGNATED BY A MEMBER OR RETIREE OF A
   10  PUBLIC  RETIREMENT  SYSTEM  OF  THE STATE TO RECEIVE RETIREMENT OR DEATH
   11  BENEFITS FOLLOWING THE DEATH OF THE MEMBER OR RETIREE.
   12    S 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.
                                                                  LBD01923-01-5
       A. 3149                             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    S 3. This act shall take effect immediately.