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Panel advances bill to exempt retirement-member records from state FOIA
Summary
The Senate Pensions Committee advanced a bill that would exempt personally identifiable information in records of retirement system members from West Virginia's public records law while preserving member access to their own records.
The Senate Pensions Committee voted to report the committee substitute for Senate Bill 7 15 to the full Senate with a recommendation that it pass; under the motion the bill will be first referred to the Committee on Finance.
The bill would add a section to state code governing the Consolidated Public Retirement Board to exempt any information in its records that is personally identifiable from state Freedom of Information Act requests. "Members of the committee you have before you, the committee substitute for Senate Bill 7 15 that's relating to personally identifiable information of a member retirement beneficiary or or alternate payee of a retirement system," counsel Philip Childs told the committee. "This bill adds a new section to code dealing with the consolidated public retirement board that exempts any information in its records from our state FOIA laws."
Committee members asked whether retirees or beneficiaries who are not receiving cooperation could still obtain information needed to resolve payment issues. Childs replied that the bill explicitly allows access: "The very last line of the bill, states that members, retirements, beneficiaries, alternate payees, or persons authorized by them are permitted access to their own information."
Counsel said there is no fiscal note associated with the bill. The committee approved the measure by voice vote and recommended the double-reference to Finance be retained so the Finance Committee may consider any fiscal implications.
The bill will be considered next by the Senate Finance Committee.
