Limited Durable Power Of Attorney (LDPOA) Pre-Retirement

We want to call state and retiree member attention to the limited durable power of attorney form, which can be found at the Comptroller’s website.   In order to safeguard the interests of members of the State Employees’ Retirement System (SERS) a member wishing to designate someone as his or her Attorney-In-Fact must use this form to do so. This LDPOA authorizes your Attorney-In-Fact to perform on your behalf any transactions with SERS that you could request yourself. This form is intended for use with State Employees Retirement System only. This very important form must be completed while a member is alive. It is intended to deal with the situation where a living member might want to take a step with respect to retirement — e.g. apply for disability or choose a particular spouse option – but is as a result of illness or accident physically or mentally unable to do so. We strongly recommend that every member covered by SERS complete this form. During the COVID-19 crisis, the form may be completed without notarization as long as it has been properly witnessed.

Regarding witnesses:  

There are three ways members can sign POAs during the crisis;   (1) As always, with a live notary and two witnesses.    Those POA’s last indefinitely as always; (2) Using an online notary or attorney process, pursuant to Executive-Order-No-7Q.   That process basically uses Zoom or the equivalent to create a recording of the electronic signature, and doesn’t need witnesses or any live contact. Thes POA’s too last indefinitely as always; (3)  With no notary or witnesses, emailed in with a digital photo or other legible copy of a valid photo ID of the member.    This is the special exception Fae had agreed to, but these POAs will be valid until 60 days beyond the end of the crisis.   Members will get notification from the Retirement Division that they will need to replace the POAs with properly signed ones within 60 days of when the emergency ends.     

All three options incorporate the request that members could include only the last 4 digits of their social on the form instead of the full number for security purposes.

All of this is just to make it easier for members to do what we’ve been encouraging them to do, which is have a POA on file that an “attorney in fact” (usually the spouse but could be any competent adult) can exercise to make key pre-retirement decisions when the member is unable to do so.
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