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Who cares
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Sponsors
No co-sponsors yet.
History
- Substituted by A9348
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1048
- Referred to civil service and pensions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Makes technical changes relating to applications for membership
Signed by Governor · Sponsor Peter Abbate
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.