PERAC Memo #46 - 2007: Status of Date of Birth and Annuity Account Balances as Public Records

Status of Date of Birth and Annuity Account Balances as Public Records

Summary

PERAC Memorandum #46, 2007 relays an Advisory Opinion from the Supervisor of Public Records (SPR 07/301) addressing whether a member's date of birth and annuity account balance are public records. The Supervisor determined that a member's date of birth may be withheld due to identity theft concerns, and that mandatory annuity contributions and credited interest are public records akin to payroll records, while voluntary additional contributions under G.L. c. 32, §22(1)(g) may be withheld. Boards should review and update their record disclosure policies to ensure consistency with this guidance.

Full Text

MEMORANDUM #46, 2007 M E M O R A N D U M TO: All Retirement Boards FROM: Joseph E. Connarton, Executive Director RE: Status of Date of Birth and Annuity Account Balances as Public Records DATE: December 11, 2007 I recently sought an advisory opinion from the Supervisor of Public Records with respect to whether a member’s date of birth and the balance in a member’s Annuity Account are public records. Attached is a copy of Supervisor Cote’s letter, Advisory Opinion SPR 07/301. Date of Birth The Supervisor has determined that due to current trends in the Legislature, specifically G.L. c. 93, § 50, and identity theft concerns, an individual’s date of birth may be withheld from disclosure. Balance in a Member’s Annuity Account The Supervisor has also determined that the mandatory contributions to a member’s annuity account and the interest credited to the account are akin to payroll records and are public records. If a member chooses to make additional contributions to his annuity account [see G.L. c. 32, § 22(1)(g)], the amounts of these voluntary additional contributions may be withheld from release.

Retirement Boards should review policies regarding release of information about members of the System in light of the recent Advisory Opinion of the Supervisor of Public Records. I hope that you will find this information beneficial. Attachment