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840 CMR 28: Electronic Signatures

Summary

840 CMR 28.00 authorizes and governs the use of electronic signatures by retirement boards governed by Chapter 32, enacted in response to the growing use of digital document workflows. The regulation defines "electronic signature" broadly to include digital signatures, faxed signatures (if legible), and signatures transmitted as part of scanned documents. Electronic signatures have the same legal effect and enforceability as wet (handwritten) signatures for retirement board purposes. The regulation also addresses attribution of electronic signatures, security procedures for verifying their authenticity, and makes clear that wet signatures remain permissible—retirement boards may choose which format to accept.

Full Text

28.00 Purpose

840 CMR 28.00, et seq. addresses the use of any electronic signature created, generated, sent, communicated, received, or stored by any retirement board governed and constituted under Chapter 32 of the Massachusetts General Laws. This section will also cover the use of signatures on scanned or faxed documents in the course of a retirement system's operations.

Statutory and Regulatory Authority: M.G.L. c. 7, § 50; M.G.L. c. 32, §§ 1, 21; M.G.L. c. 110G.

28.01 Definitions

The following words shall have the following meanings:

"Electronic signature":

  • an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record;
  • a digital signature that encrypts documents with digital codes that are particularly difficult to duplicate;
  • a signature which is received by a retirement board or PERAC via fax, so long as the signature and the document are legible;
  • a signature which is received by a retirement board or PERAC as part of a scanned document, so long as the signature and the document are legible.

"Faxed document": an image of a document made by electronic scanning and transmitted as data by telecommunication links.

"Prescribed form": any form promulgated by PERAC, or any form required by any retirement board and subject to the approval of PERAC.

"Record": information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"Security procedure": a procedure employed for the purpose of verifying that an electronic signature, digital signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic or digital record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.

"Scanned document": a physical document which has been converted into a digital image using a scanner.

"Wet signature": created when a person marks a physical document as evidence of that person's personal witness and certification of the content of all, or a specified part, of the document.

28.02 Use of Electronic Signatures

Retirement boards may use electronic signatures in their operations, including on all forms and documents required by M.G.L. c. 32 and PERAC regulations, subject to the requirements of 840 CMR 28.00.

28.03 Legal Effect and Enforceability

An electronic signature used in accordance with 840 CMR 28.00 shall have the same legal effect and enforceability as a wet signature.

28.04 Attribution of Electronic Signatures

An electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic signature is attributable.

28.05 Fulfillment of Notarization, Acknowledgement, Verification, or Oath Requirements

Where any provision of M.G.L. c. 32 or PERAC regulations requires that a signature be notarized, acknowledged, verified, or under oath, that requirement is satisfied if the electronic signature of the person authorized to perform those acts is attached to or logically associated with the signature or record.

28.06 Use of Wet Signatures Still Authorized

Nothing in 840 CMR 28.00 requires any retirement board or person to use electronic signatures. Any retirement board may continue to require wet signatures on any form or document it administers.

REGULATORY AUTHORITY: 840 CMR 28.00: M.G.L. c. 7, § 50; c. 32, §§ 1 and 21; c. 110G.