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806 LAWS OF MARYLAND Ch. 172
FOR the purpose of providing an exception to the confidentiality
of certain retirement records when a county agency is
required by local law to conduct audits of those records;
limiting the extent of the exception; and prohibiting
disclosure of information that would identify the subjects
of the records.
BY repealing and reenacting, with amendments,
Article 76A - Public Information
Section 3(c)(xiii)
Annotated Code of Maryland
(1980 Replacement Volume and 1982 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article 76A - Public Information
3.
(c) The custodian shall deny the right of inspection of the
following records or any portion thereof, unless otherwise
provided by law:
(xiii) Retirement files or records on individual
persons, except that such files or records shall be available to
the person in interest and to his appointing authority. After
the death of the person in interest, such files or records shall
be available to any beneficiary, the personal representative of
the estate of the person in interest, and any other person who
demonstrates to the satisfaction of the administrators of the
retirement and pension systems a valid claim of right to
benefits. On request, the custodian shall indicate whether a
person is receiving any retirement or pension allowance. WHERE
PROVIDED BY LOCAL LAW, THE CUSTODIAN SHALL ALLOW ACCESS TO
RETIREMENT FILES TO AN AUDIT AGENCY. THE MEMBERS AND EMPLOYEES
OF AN AUDIT AGENCY THAT RECEIVES ACCESS TO RETIREMENT FILES MAY
NOT REPORT OR DISCLOSE INFORMATION FROM OTHERWISE ANY
CONFIDENTIAL RETIREMENT RECORDS IN A MANNER THAT WOULD IDENTIFY
INDIVIDUALS WHO ARE THE SUBJECTS OF THE RECORDS IF A COUNTY BY
LAW REQUIRES AN AGENCY OF THE COUNTY TO CONDUCT AUDITS OF
RETIREMENT FILES OR RECORDS RELATING TO EMPLOYEES OR FORMER
EMPLOYEES OF THE COUNTY, THE CUSTODIAN SHALL ALLOW REVIEW AND
INSPECTION OF SUCH FILES AND RECORDS BY EMPLOYEES OF THE AGENCY.
THE EMPLOYEES OF THE AGENCY SHALL HOLD AS CONFIDENTIAL ALL
INFORMATION OBTAINED PURSUANT TO THAT REVIEW AND INSPECTION. THE
AGENCY AND ITS EMPLOYEES MAY NOT DISCLOSE INFORMATION WHICH WOULD
IDENTIFY INDIVIDUALS WHO ARE THE SUBJECTS OF THOSE FILES AND
RECORDS; and
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983.
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