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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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