May 2014 – Names of Retirees Receiving Public Pensions Public

The Court of Appeals has clarified §89(7) of FOIL and found that the names of retired public employees, “retirees” receiving government pensions are required to be made public.  See: https://www.nycourts.gov/ctapps/Decisions/2014/May14/77-78opn14-Decision.pdf

In interpreting the scope of §89(7), the Court confirmed that nothing in that provision requires disclosure of a retiree’s home address, or the name or home address of a “beneficiary”, a family member of an employee or retiree who is entitled to benefits after the employee’s or retiree’s death.

In doing so, the Court distinguished its ruling in Veteran Police Assn. v New York City Police Dept. Art. I Pension Fund (61 NY2d 659, 472 NYS2d 85 [1983]), which was determined prior to the adoption of §89(7) and involved a request for the names and home addresses of retired public employees.