N.J. Admin. Code § 17:1-1.2

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:1-1.2 - Records

(a) The records of all employee benefit programs administered by the Division are public records and may be requested through the Treasury Government Records Unit. Records shall be provided during regular business hours.

(b) Records considered confidential include protected health information (PHI) as defined by the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub. L. 104-191, Social Security numbers, pension membership numbers, medical information submitted for any purpose, mailing addresses of active and retired members, individual files pertaining to beneficiary designation and any proprietary information provided to the Division from another source. Further records considered to be confidential may be found at 47:1A-10.

(c) All medical records obtained in connection with an application for disability retirement shall be restricted for the confidential use of the Boards of Trustees. Upon request, the Division shall release a copy of the examining physician's medical report to the member, the member's attorney or any person authorized by the member in writing to receive a copy of such report after the Board's initial decision is rendered. In no event shall the report be released to any individual not authorized by the member in writing to receive the report.

(d) Charges for copies of pension records that have been deemed to be public information will be made in accordance with the provisions of 47:1A-5.

(e) Requests for access to government records must be in accordance with the Department of Treasury's procedures as provided by the Open Public Records Act.

N.J. Admin. Code § 17:1-1.2

Amended by R.2009 d.25, effective 1/5/2009.
See: 40 N.J.R. 4928(a), 41 N.J.R. 277(a).
In (a), deleted "of Pensions and Benefits" following "Division", substituted "requested through the Treasury Government Records Unit" for "inspected during regular business hours at the office of the respective bureau, and under supervision of the Bureau Chief or other representatives of the office" and inserted the last sentence; in (b), inserted "Social Security numbers, pension membership numbers,", and substituted "information" for "reports", "proprietary information provided to the Division from another source" for "other matters pertaining to individual accounts where no official purpose or reason is indicated for inspection" and "N.J.S.A. 47:1A-10" for "N.J.A.C. 17:44-2"; in (c), substituted "records" for "testimony" and "Upon request, the" for "The", and inserted "after the Board's initial decision is rendered"; in (d), substituted "that" for "which" and updated the N.J.S.A. reference; and in (e), substituted "the Open Public Records Act" for "N.J.A.C. 17:44".