PERAC Memo #34 - 2025: Proposed Amendment to Electronic Signature Regulations
Proposed Amendment to Electronic Signature Regulations
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PERAC is proposing a new subsection to 840 CMR 28.00 (Electronic Signatures) that would waive the witness signature requirement for forms submitted electronically, provided a security procedure as defined in 840 CMR 28.02 is in place. This directly affects forms such as the Beneficiary Selection Form for Refund of Accumulated Deductions. A public hearing is scheduled for January 7, 2026 at 10 a.m. via remote access; written comments are accepted through January 9, 2026 at 5 p.m.
Full Text
Memorandum PERAC Memo #34: Proposed Amendment to Electronic Signature Regulations Date: 12/04/2025 Referenced Sources: PERAC Website PERAC Memo #34 2025
To All Retirement Boards: TO: All Retirement Boards
FROM: Bill Keefe, Executive Director
RE: Proposed Amendment to Electronic Signature Regulations
DATE: December 4, 2025
The Commission has recently filed an amendment to 840 CMR 28.00, Electronic Signatures. The amendment involves those forms which require a witness signature. The amendment will permit the requirement of a witness signature to be waived if a form is filed electronically, if certain security procedures are met. The Commission is proposing the following new subsection at the end of the existing electronic signature regulations:
28.08 Witness Requirement Waived for Electronic Filings
(1) If a prescribed form promulgated by PERAC requires the signature of a witness in written form, that requirement shall be waived in the case of a form submitted electronically, provided that a "security procedure" as defined in 840 CMR 28.02 is utilized.
840 CMR 28.02 defines "security procedure" as follows:
''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.
One of the forms which requires a witness signature is the Beneficiary Selection Form for Refund of Accumulated Deductions (If Member Dies Before Retirement). If a retirement board had adopted the Electronic Signatures regulation, with security measures in place, a member could fill out this form electronically, and no witness would be required.
PERAC will hold a remote hearing on the proposed amendment to 840 CMR 28.00 on Wednesday January 7, 2026, at 10 a.m. Directions to access the hearing can be located at PERAC's website http://www.mass.gov/perac. The Commission will accept written comments now through January 9, 2026 at 5:00 p.m. Comments may be sent to PERAC, 10 Cabot Road, Suite 300, Medford, MA 02155 or electronically by email to Doreen.m.duane@mass.gov.
Please contact General Counsel Judith Corrigan at Judith.a.corrigan@mass.gov or 617-666-4446 if you have any questions regarding the regulation.