Why Is Public Employee Disability Claim Data Being Kept Secret?

TransparencyIn the preamble to California’s Ralph M. Brown Act, the state’s 1953 law governing the public’s access to government meetings, the Legislature noted, “The people of this State do not yield their sovereignty to the agencies which serve them.” Likewise, the people “do not give their public servants the right to decide what is good for the people to know and what is not good for them to know.” The public insists “on remaining informed so that they may retain control over the instruments they have created.”

The same noble sentiment forms the foundation of California’s public-records laws, which govern the release of government documents. Yet a new lawsuit alleges that the California Public Employees’ Retirement System, which operates the largest state pension fund in the country, has been withholding some information that’s necessary to help the public to oversee the system and protect it from waste, fraud and abuse. It deals with disability benefits paid to pensioners.

Specifically, the Nevada Policy Research Institute, which cofounded with California Policy Center Transparent California (the website that publicizes the pay and benefit packages received by California employees), argues that CalPERS has denied its “request for records which would document the type (service, disability or industrial disability) of benefit received,” despite many requests. This information is so important because of the many news reports about the questionable workers’ compensation claims, the lawsuit argues. CalPERS itself recognizes the problem—”it has established a disability fraud tip hotline where it encourages the public to call in and report cases of suspected disability fraud.”

If CalPERS expects the public to help root out bogus disability claims by public employees, then why shouldn’t it provide the public with information that helps it do so? The research institute is merely seeking a one-word designation of the type of pensions that California retirees are receiving. Such information has not been specifically exempted from the California Public Records Act. Anything not exempted is, according to the lawsuit, fair game for public disclosure.

“CalPERS’ claimed sensitivity of information pertaining to the benefit ‘type’ (disability or service) is untenable because hearings related to appeals of denial of disability pensions are public hearings and recorded for broadcast,” according to NPRI’s court filings. Furthermore, the lawsuit argues that CalPERS “has consistently indicated” that it would not release that information. The lawsuit includes correspondence between NPRI and CalPERS backing that claim. CalPERS has yet to respond to the lawsuit and has declined comment to the media, but it has indicated that it believes such information to be an invasion of the recipient’s privacy. …

Click here to read the full article from Reason.com