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New York State Assembly

Speaker Carl E. Heastie
 
     
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A09348 Summary:

BILL NOA09348
 
SAME ASSAME AS S07212
 
SPONSORAbbate
 
COSPNSRSaladino
 
MLTSPNSR
 
Amd §§40 & 340, R & SS L
 
Makes technical changes relating to removing the requirement that an application for membership in the New York State and Local Employees' Retirement System or the New York State and Local Police and Fire Retirement System be notarized (acknowledged).
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A09348 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)




 
BILL NUMBER: A9348
 
SPONSOR: Abbate

 
TITLE OF BILL:
 
An act to amend the retirement and social security law, in relation to
the form of a membership application
 
 
PURPOSE:
 
The purpose of this legislation is to eliminate the requirement for the
notarization of a membership application.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 of this proposal amends the opening paragraph of subdivision a
of section 40 of the Retirement and Social Security Law to eliminate the
requirement that the membership application form filed with the State
Comptroller by each person who becomes a member of the New York State
and Local Employees' Retirement System be acknowledged.
 
Section 2 of this proposal amends the opening paragraph of subdivision a
of section 340 of the Retirement and Social Security Law to eliminate
the requirement that the membership application form filed with the
State Comptroller by each person who becomes a member of the New York
State and Local Police and Fire retirement system be acknowledged.
 
Section 3 provides for an immediate effective date.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New bill.
 
 
JUSTIFICATION:
 
This proposal removes the requirement that an application for membership
in the New York State and Local Employees' Retirement System or the New
York State and Local Police and Fire Retirement System be notarized
(acknowledged).
 
Courts have consistently have found that a defective notarization or
even the total absence of a notarization does not necessarily invalidate
an otherwise valid act, the requirement on a membership application is
simply an unnecessary burden. (See In re Matter of Roberta Venet v. The
Teachers' Ret. Sys. of the City of New York. et.al., 552 N.Y.S.2d 275
(1st Dep't. 1990)).
 
 
FISCAL IMPLICATIONS FOR STATE:
 
This bill has no significant State fiscal impact.
 
 
EFFECTIVE DATE:
This act shall take effect immediately
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