BILL NUMBER:  S7212

 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