S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7692

                            I N  S E N A T E

                              May 29, 2014
                               ___________

Introduced  by  Sen.  SAVINO -- 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  the  disclosure
  of records to public retirement systems of the city of New York

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (n) of subdivision 1 of section 96 of the  public
officers  law,  as  added by chapter 652 of the laws of 1983, is amended
and a new paragraph (o) is added to read as follows:
  (n) to officers or employees of another agency if the record sought to
be disclosed is necessary for the receiving agency to  comply  with  the
mandate  of  an executive order, but only if such records are to be used
only for statistical research, evaluation or reporting and are not  used
in making any determination about a data subject[.]; OR
  (O) TO OFFICERS OR EMPLOYEES OF A PUBLIC RETIREMENT SYSTEM OF THE CITY
OF  NEW  YORK IF THE INFORMATION SOUGHT TO BE DISCLOSED IS NECESSARY FOR
THE RECEIVING PUBLIC RETIREMENT SYSTEM TO  PROCESS  BENEFITS  UNDER  THE
RETIREMENT  AND SOCIAL SECURITY LAW, THE ADMINISTRATIVE CODE OF THE CITY
OF NEW YORK, OR THE EDUCATION LAW OR ANY OTHER APPLICABLE  PROVISION  OF
LAW.  A  WRITTEN  REQUEST  OR  CONSENT FROM THE DATA SUBJECT PURSUANT TO
PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT BE REQUIRED FOR THE  DISCLO-
SURE OF RECORDS PURSUANT TO THIS PARAGRAPH.
  S 2. This act shall take effect immediately.
  FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
  PROVISIONS  OF  PROPOSED  LEGISLATION: This proposed legislation would
amend New York State Public Officers  Law  Article  6-A,  known  as  the
Personal  Privacy  Protection  Law,  by  adding  a  new paragraph (o) to
Section 96 to allow the disclosure of records  or  personal  information
belonging to a "data subject" (generally, an employee of a state agency,
board,  public  authority,  etc.) to any of the New York City Retirement
Systems ("NYCRS") without requiring a written request  or  consent  from
the data subject if the information being sought is necessary to process
statutory pension benefits.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15429-01-4

S. 7692                             2

  The  Effective  Date  of the proposed legislation would be the date of
enactment.
  FINANCIAL  IMPACT  -  ACTUARIAL  PRESENT  VALUE  OF BENEFITS, EMPLOYER
NORMAL COST, ACTUARIAL ACCRUED LIABILITY AND EMPLOYER CONTRIBUTIONS: The
enactment of this proposed legislation  is  expected  to  result  in  no
change in the Actuarial Present Value of Benefits, Employer Normal Cost,
Actuarial Accrued Liability or employer contributions to the NYCRS.
  FINANCIAL  IMPACT  -  ADMINISTRATIVE  EXPENSES:  The enactment of this
legislation would result in the more efficient and less costly  adminis-
tration of the NYCRS.
  STATEMENT  OF ACTUARIAL OPINION: I, Robert C. North, Jr., am the Chief
Actuary for the New York City Retirement Systems. I am a Fellow  of  the
Society  of Actuaries and a Member of the American Academy of Actuaries.
I meet the Qualification Standards of the American Academy of  Actuaries
to render the actuarial opinion container herein.
  FISCAL  NOTE  IDENTIFICATION:  This  estimate is intended for use only
during the 2014 Legislative Session. It is Fiscal  Note  2014-03,  dated
December  12,  2013, prepared by the Chief Actuary for the New York City
Retirement Systems.