2 CRR-NY 380.3NY-CRR
2 CRR-NY 380.3
2 CRR-NY 380.3
380.3 Electronic signatures and filing of documents.
(a) Meaning of terms.
Unless specifically stated otherwise, the meaning of terms and words in this Part shall be the same as in the State Technology Law and the regulations of CIO/ITS.
(1) The retirement system means the New York State and Local Employees' Retirement System and the New York State and Local Police and Fire Retirement System.
(2) An electronic signature or digital signature means the creation of an electronic identifier (i.e., an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record) which the Comptroller determines is:
(i) unique to the signer;
(ii) capable of verification;
(iii) under the signer's control; and
(iv) linked to the record in such a manner that if the record is changed, the signature is invalidated.
(b) Authorization.
The retirement system may provide for the electronic filing of forms and documents through NYSLRS Retirement Online and/or through the statewide network infrastructure (NYeNet).
(c) Coordination.
Administration of NYSLRS Retirement Online and use of NYeNet shall be coordinated by the retirement system through the Chief Information Officer of the Office of the State Comptroller.
(d) State Technology Law.
The retirement system shall conform to the Internet Security and Privacy Act, the Electronic Signatures and Records Act, and the regulations and other requirements of CIO/ITS.
(e) Retirement system electronic signatures.
The signature of those persons executing, and/or authenticating, any decision or determination or other document by or on behalf of the Comptroller, may do so digitally for documents prepared in an electronic format.
(f) Use of electronic signatures.
Unless specifically provided otherwise by law, an electronic signature may be used in lieu of a signature affixed by hand. The use of an electronic signature shall have the same validity and effect as the use of a signature affixed by hand. A verified electronic signature shall also be deemed to be acknowledged, when required by law.
(g) Electronic payments.
Electronic payments made through NYSLRS Retirement Online Member Self-Service will be deemed received on the date payment is submitted through NYSLRS Retirement Online Member Self-Service provided the payment has not been canceled. Notwithstanding this provision, no electronic payment shall be deemed received on the date the payment was submitted through NYSLRS Retirement Online Member Self-Service unless the payment can be debited within five business days. If payment cannot be debited within five business days, the payment will be rejected and will not be deemed received by the Retirement System.
(h) Disclosure of records.
Electronic records shall be considered and treated as any other records for the purposes of disclosure of those records as set forth in article 6-A of the Public Officers Law.
(i) Freedom of Information Law.
Electronic records shall be considered and treated as any other records for the purposes of the Freedom of Information Law as set forth in article 6 of the Public Officers Law.
(j) Use of electronic records.
An electronic record shall have the same force and effect as those records not produced by electronic means.
(k) Admissibility into evidence.
Electronic records, electronically stored and reproduced copies of records, and electronic signatures, shall be admissible into evidence in retirement system administrative proceedings under the same rules as those records and signatures not produced or stored and reproduced, by electronic means.
(l) Use of electronic records and signatures to be voluntary.
Nothing in this Part shall require any entity or person to use an electronic record or an electronic signature unless otherwise provided by law.
2 CRR-NY 380.3
Current through February 28, 2022
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.