PURPOSE

The purpose of this policy is to authorize SCERS to accept electronic signatures, as permitted by Government Code section 31527(i).

POLICY

The Board may use and accept a document requiring a signature that is submitted by a member using an electronic signature, if the document and electronic signature are submitted using technology the Board deems sufficient, as set forth in this and future policies adopted by the Board, to ensure their integrity, security, and authenticity. A document submitted pursuant to such policies shall be given the same force as a signed, valid original document.

The Board has determined that DocuSign and Ariel are software programs that use technology sufficient to ensure the integrity, security, and authenticity of documents with an electronic signature. Consequently, SCERS will give an electronically signed document filed through DocuSign and Ariel the same legal force as a signed, valid original document. The determination contained in this paragraph applies only to SCERS-generated documents, containing electronic signatures submitted by (1) non-retired SCERS members, (2) retired SCERS members, and (3) beneficiaries receiving retirement benefits.

This policy does not modify, disturb, or restrict SCERS’ ability to use and accept electronic signatures in services contracts, investment contracts, and other business transactions, as permitted by contract law and/or the Uniform Electronic Transactions Act.

BACKGROUND

The Board of Retirement may issue a policy that allows “the use and acceptance of a document requiring a signature that is submitted by a member using an electronic signature, if the document and electronic signature are submitted using technology the [B]oard deems sufficient to ensure its integrity, security, and authenticity.” Gov. Code § 31527(i). An electronically signed document submitted via such approved technology would have the “same force as a signed, valid original document.” Id.

RESPONSIBILITIES

Executive Owner: General Counsel

POLICY HISTORY

SCERS Policy No. 36