May 25, 1979
Subject:
Public Records; Teachers’ and State Employees’ Retirement System
Requested By:
E. T. Barnes, Director Retirement and Health Benefits Division Department of State Treasurer
Question:
Is the Retirement and Health Benefits Division of the Department of the State Treasurer required to disclose information in an individual Retirement System member’s account to someone other than that member?
Conclusion:
Yes.
Information contained in the Retirement System account of an individual member constitutes documents, papers, letters, electronic data-processing records, or other documentary material made or received pursuant to law in connection with the transaction of public business by the Retirement System. As such, such information clearly falls within the definition of "public records" contained in G.S. 132-1.
Under G.S. 132-9, any person, without regard to whether such person has an interest in the records or a particular need for the records, may apply for a court order compelling disclosure upon denial of access to public records for purposes of inspection, examination, or copying. Consequently, the clear intent of Chapter 132 of the General Statutes is that public records shall be available to anyone for inspection, examination, and copying at reasonable times and places.
There is no statutory provision relating to any of the state-administered retirement systems which makes those records, or any part of those records, confidential or exempt from the Public Records Act, Chapter 132 of the North Carolina General Statutes. Therefore, any person is entitled to request and receive access to public records for purposes of examination, inspection, and copying. This is true even though a person may request information relating to an individual member’s retirement account and even though those matters may be ones which the individual member might desire and expect to be treated as private or confidential information.
The rules of the Retirement and Health Benefits Division include a regulation providing that the Retirement System shall not publicly disclose individual retirement benefits. 20 NCAC 2B.0209. However, that rule cannot control over legislation duly enacted by the North Carolina General Assembly. Since the rule providing that individual retirement benefits shall not be publicly disclosed conflicts with Chapter 132 of the North Carolina General Statutes, it cannot be enforced. Any person seeking information concerning individual retirement accounts is entitled to access to those records under G.S. § 132-1 and G.S. § 132-9.
Rufus L. Edmisten Attorney General
Norma S. Harrell Associate Attorney