1Amending Titles 24 (Education) and 71 (State Government) of the
2Pennsylvania Consolidated Statutes, in retirement for school
3employees, further providing for definitions and for
4administrative duties of Public School Employees' Retirement
5Board; and, in retirement for State employees and officers,
6further providing for definitions and for administrative
7duties of State Employees' Retirement Board.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 8102 of Title 24 of the Pennsylvania
11Consolidated Statutes is amended by adding definitions to read:

12§ 8102. Definitions.

13The following words and phrases when used in this part shall
14have, unless the context clearly indicates otherwise, the
15meanings given to them in this section:

16* * *

17"Active employee association." A membership organization
18that is all of the following:

19(1) Incorporated in this Commonwealth with a governing
20body consisting of active members.

1(2) Classified as a nonprofit organization under section
2501(c) of the Internal Revenue Code of 1986 (Public Law 99-
3514, 26 U.S.C. § 501(c)).

4(3) Supported with the self-payment of membership dues
5by at least 15% of the active members of the system.

6* * *

7"Annuitant association." A voluntary membership organization 
8that is all of the following:

9(1) Incorporated in this Commonwealth with a governing
10body consisting exclusively of annuitants.

11(2) Classified as a nonprofit organization under section
12501(c)(4) of the Internal Revenue Code of 1986 (Public Law
1399-514, 26 U.S.C. § 501(c)(4)).

14(3) Supported with the self-payment of membership dues
15in retirement by at least 15% of the annuitant members of the
16system.

17* * *

18Section 2. Section 8502 of Title 24 is amended by adding
19subsections to read:

20§ 8502. Administrative duties of board.

21* * *

22(q) Information to active employee and annuitant
23associations.--

24(1) An active employee association or annuitant 
25association shall be entitled to receive from the board 
26members' names and home addresses for the purpose of 
27promoting membership in the active employee association or 
28annuitant association. In addition to all other information 
29made available to the public under the laws of this 
30Commonwealth, including the act of February 14, 2008 (P.L.6,
 

1No.3), known as the Right-to-Know Law, and that is available 
2in electronic form the board shall provide to an active 
3employee association and annuitant association the members' 
4names and home addresses. The board shall not make available 
5to the public or to active employee associations and 
6annuitant associations the name and home address of a 
7member's designated beneficiary.

8(2) Within 30 days of the effective date of this
9subsection, the board shall provide to all members written
10notice of the disclosure of information pursuant to this
11subsection and an opportunity to refuse to allow the
12disclosure. Members shall have 90 days to respond to this
13notice, and no information shall be transmitted to an active
14employee or annuitant association under this subsection until
15the conclusion of that period. With the application for entry
16into the system, each new member shall be given notice of the
17disclosure pursuant to this subsection and an opportunity to
18refuse to allow disclosure. The board shall establish a
19procedure for timely processing of the requests of members
20who wish to change the protected status of their information.
21If any member refuses to allow disclosure, the member's
22information shall not be subject to disclosure under this
23subsection.

24(3) The board shall produce and transmit either
25electronically or by mail the member information subject to
26disclosure under paragraph (1) to each active employee
27association and annuitant association by the tenth day of
28each month for the preceding month unless the association
29shall consent to a less frequent schedule for production and
30transmittal of the information, if the active employee

1association or annuitant association reimburses the board for
2the actual or reasonable cost the board incurs each month in
3providing the information.

4(4) Any information or records provided to an active
5employee association or annuitant association under this
6subsection shall be held in confidence by that association
7and any individual employed by or associated with that
8association. No active employee association or annuitant
9association may give, transfer, sell or, in any other manner,
10distribute to any person or entity outside the active
11employee association or annuitant association the information
12for any individual member obtained under this subsection. The
13information and records shall not be open to examination for
14any purpose not directly connected with the administration of
15the services specified as the purpose under paragraph (1).

16(5) Except as otherwise set forth under this subsection,
17nothing under this subsection shall be construed to limit the
18use by an active employee association or annuitant
19association of any information on active employees or
20annuitants who elect membership in the active employee
21association or annuitant association.

22(r) Civil relief against active employee associations and
23annuitant associations.--

24(1) The Office of Attorney General or any active
25employee or annuitant may bring civil action against an
26active employee association or annuitant association which
27intentionally violates subsection (q).

28(2) In addition to any other remedy provided by law, the
29Attorney General or an active employee or an annuitant
30bringing an action under this subsection may:

1(i) Seek injunctive relief to restrain the active
2employee association or annuitant association from
3distributing the records or information.

4(ii) Recover actual damages arising from the willful
5violation by an active employee association or an
6annuitant association.

7(iii) Seek both injunctive relief and recovery of
8damages as provided by this subsection.

9Section 3. Section 5102 of Title 71 is amended by adding a
10definition to read:

11§ 5102. Definitions.

12The following words and phrases as used in this part, unless
13a different meaning is plainly required by the context, shall
14have the following meanings:

15* * *

16"Voluntary Employee Benefits Association." A voluntary
17membership organization that is all of the following:

18(1) Incorporated in this Commonwealth with a governing
19body consisting exclusively of annuitants.

20(2) Classified as a nonprofit organization under section
21501(c)(9) of the Internal Revenue Code of 1986 (Public Law
2299-514, 26 U.S.C. § 501(c)(9)).

23(3) Supported with the self-payment of membership dues
24in retirement by at least 15% of the members of the system.

25Section 4. Section 5902 of Title 71 is amended by adding
26subsections to read:

27§ 5902. Administrative duties of the board.

28* * *

29(p) Information to active employee and annuitant
30associations.--

1(1) A voluntary employee benefits association shall be
2entitled to receive from the board members' names and home
3addresses for the purpose of promoting membership in the
4voluntary employee benefits association. In addition to all
5other information made available to the public under the laws
6of this Commonwealth, including the act of February 14, 2008
7(P.L.6, No.3), known as the Right-to-Know Law, and that which
8is available in electronic form, the board shall provide to
9the voluntary employee benefits associations the members'
10names and home addresses. That board shall not make available
11to the public or to voluntary employee benefits associations
12the names and home addresses of a member's designated
13beneficiary.

14(2) Within 30 days of the effective date of this
15subsection, the board shall provide to all members written
16notice of the disclosure of information pursuant to this
17subsection and an opportunity to refuse to allow the
18disclosure. Members shall have 90 days to respond to this
19notice, and no information shall be transmitted to a
20voluntary employee benefits association under this subsection
21until the conclusion of that period. With the application for
22entry into the system, each new member shall be given notice
23of the disclosure pursuant to this subsection and an
24opportunity to refuse to allow disclosure. The board shall
25establish a procedure for timely processing the requests of
26members who wish to change the protected status of their
27information. If any member refuses to allow disclosure, the
28member's information shall not be subject to disclosure under
29this subsection.

30(3) The board shall produce and transmit either

1electronically or by mail the member information subject to
2disclosure under paragraph (1) to each voluntary employee
3benefits association by the tenth day of each month for the
4preceding month unless the association shall consent to a
5less frequent schedule for production and transmittal of the
6information, if the voluntary employee benefits association
7reimburses the board for the actual or reasonable cost the
8board incurs each month in providing the information.

9(4) Any information or records provided to a voluntary
10employee benefits association under this subsection shall be
11held in confidence by that association and any individual
12employed by or associated with that association. No voluntary
13employee benefits association may give, transfer, sell or in
14any other manner distribute to any person or entity outside
15the voluntary employee benefits association the information
16for any individual member obtained under this subsection. The
17information and records shall not be open to examination for
18any purpose not directly connected with the administration of
19the services specified as the purpose under paragraph (1).

20(5) Except as otherwise set forth under this subsection,
21nothing under this subsection shall be construed to limit the
22use by a voluntary employee benefits association of any
23information on active employees or annuitants who elect
24membership in the voluntary employee benefits association.

25(q) Civil relief against voluntary employee benefits
26associations.--

27(1) The Office of Attorney General or any active
28employee or annuitant may bring civil action against a
29voluntary employee benefits association which intentionally
30violates subsection (p).

1(2) In addition to any other remedy provided by law, the
2Attorney General or an active employee or an annuitant
3bringing an action under this subsection may:

4(i) Seek injunctive relief to restrain the voluntary
5employee benefits association from distributing the
6records or information.

7(ii) Recover actual damages arising from the willful
8violation by a voluntary employee benefits association.

9(iii) Seek both injunctive relief and recovery of
10damages as provided by this subsection.

11Section 5. This act shall take effect in 60 days.