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Bill

S 2923

Public Employee Retirement Administration Commission Regulatory Report

194th Legislature (2025-2026)

Allows and regulates electronic signatures for retirement-board documents in addition to wet signatures, with security rules, while preserving wet-sign option.

House concurred
0
WeVote Research Nonpartisan
Bill Summary · S 2923

Overview

Senate Bill No. 2923 (Session 194th, Massachusetts) submits the Public Employee Retirement Administration Commission (PERAC) amendments to the rules governing electronic signatures in 840 CMR 28.00, the regulatory framework for electronic signatures used by retirement boards under Chapter 32. The filing purpose is to clarify, expand, and formalize the use of electronic signatures and related processes in the administration of public employee retirement, while preserving the option for wet signatures.

Purpose and Intent

  • Allow and regulate the use of electronic signatures for retirement board operations, including signatures on scanned or faxed documents, in addition to traditional wet signatures.
  • Establish definitions, security standards, and procedures to ensure valid, enforceable electronic signatures and records.
  • Ensure legal enforceability of forms and notarization/verification requirements when electronic processes are used.
  • Maintain the option for individuals to choose wet signatures upon request.

Key Provisions and Changes

  • 28.01–28.02 Definitions:
    • Expands definitions to include electronic signatures, digital signatures, faxed and scanned documents, and related terms (prescribed forms, records, security procedures, scanned documents, wet signatures).
  • 28.03 Use of Electronic Signatures:
    • Retirement boards may use electronic signatures in addition to wet signatures, provided they meet conditions in 28.02 and submit a supplemental regulation approved by PERAC.
    • Boards must implement appropriate security procedures.
  • 28.04 Legal Effect and Enforceability:
    • Electronic signatures and prescribed forms used with PERAC-approved supplemental regulations cannot be denied legal effect solely due to electronic form.
  • 28.05 Attribution of Electronic Signatures:
    • Establishes how an electronic signature is attributed to a person and how its effect is determined, including consideration of security procedures.
  • 28.06 Notarization/Acknowledgment/Oath:
    • If law requires notarization/acknowledgment/verification/oath, electronic signatures satisfying the required information are sufficient when properly attached/associated.
  • 28.07 Use of Wet Signatures Still Authorized:
    • Wet signatures remain available; individuals retain the right to wet-sign forms upon request.
    • If a board has not adopted PERAC-approved electronic-signature regulations, wet signatures remain mandatory.
  • 28.08 Witness Requirement for Electronic Filings:
    • Waives the witness-required signature for electronically submitted forms if a security procedure is used.

Who/What Would Be Affected

  • Public retirement boards governed under Chapter 32 (Massachusetts public employee retirement systems) and PERAC.
  • Retirees, members, and applicants who interact with retirement system forms (potentially all forms requiring signatures).
  • PERAC, which must review and approve board-specific supplemental regulations implementing electronic signing processes.

Procedural and Timeline Aspects

  • Boards must draft supplemental regulations outlining their intent to use electronic signatures and submit them to PERAC for approval pursuant to M.G.L. ch. 7, § 50.
  • The regulation changes become effective upon PERAC approval of the supplemental regulations.
  • If a board does not adopt electronic-signature regulations approved by PERAC, wet signatures remain mandatory.
  • The action history shows committee recommendation (June 2026), House concurrence (January 2026), and referral to Public Service Committee (January 2026), indicating ongoing legislative processing with a likely regulatory implementation timeline following PERAC approval.

Practical Implications

  • Potential for faster processing of forms and workflows through electronic means.
  • Enhanced flexibility for retirees and system-involved individuals to sign documents remotely via electronic, scanned, faxed, or digital signatures.
  • Requirements for robust security procedures to protect the integrity and authenticity of signatures and records.
  • Maintains individual choice to use wet signatures, preserving non-electronic preferences or accessibility needs.

Compiled from official sources — confirm details with the bill’s official record.

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