§ 850.106 Electronic signatures

5 CFR 850.106(a)(a) Subject to any provisions prescribed by the Director under § 850.104—

5 CFR 850.106(a)(1)(1) An electronic communication may be deemed to satisfy any statutory or regulatory requirement under CSRS, FERS, FEGLI, FEHB or RFEHB for a written election, notice, application, consent, request, or specific form format;

5 CFR 850.106(a)(2)(2) An electronic signature of an electronic communication may be deemed to satisfy any statutory or regulatory requirement under CSRS, FERS, FEGLI, FEHB or RFEHB that an individual submit a signed writing to OPM;

5 CFR 850.106(a)(3)(3) An electronic signature of a witness to an electronic signature may be deemed to satisfy any statutory or regulatory requirement under CSRS, FERS, FEGLI, FEHB or RFEHB for a signature to be witnessed; and

5 CFR 850.106(a)(4)(i)(4)(i) In general, any regulatory requirement under CSRS, FERS, FEGLI, FEHB or RFEHB that a signature be notarized, certified, or otherwise witnessed, by a notary public or other official authorized to administer oaths may be satisfied by the electronic signature of the person authorized to perform those acts when such electronic signature is attached to or logically associated with all other information and records required to be included by the applicable regulation.

5 CFR 850.106(a)(4)(ii)(ii) Except as provided in paragraph (a)(4)(iii) of this section, a person signing a consent or election for the purpose of electronic notarization under paragraph (a)(4)(i) of this section must be in the physical presence of the notary public or an official authorized to administer oaths.

5 CFR 850.106(a)(4)(iii)(iii) The Director may provide in directives issued under § 850.104 that alternative procedures utilized by a notary public or other official authorized to administer oaths (such as audio-video conference technology) will be deemed to satisfy the physical presence requirement for a notarized, certified, or witnessed election or consent, but only if those procedures with respect to the electronic system provide the same safeguards as are provided by physical presence.

5 CFR 850.106(b)(b) For purposes of this section, an electronic signature is a method of signing an electronic communication, including an application, claim, or notice, designation of beneficiary, or assignment that—

5 CFR 850.106(b)(1)(1) Identifies and authenticates a particular person as the source of the electronic communication; and

5 CFR 850.106(b)(2)(2) Indicates such person's approval of the information contained in the electronic communication.

5 CFR 850.106(c)(c) The Director will issue directives under § 850.104 that identify the acceptable methods of effecting electronic signatures for particular purposes under this part. Acceptable methods of creating an electronic signature may include—

5 CFR 850.106(c)(1)(1) Non-cryptographic methods, including—

5 CFR 850.106(c)(1)(i)(i) Personal Identification Number (PIN) or password;

5 CFR 850.106(c)(1)(ii)(ii) Smart card;

5 CFR 850.106(c)(1)(iii)(iii) Digitized signature; or

5 CFR 850.106(c)(1)(iv)(iv) Biometrics, such as fingerprints, retinal patterns, and voice recognition;

5 CFR 850.106(c)(2)(2) Cryptographic control methods, including—

5 CFR 850.106(c)(2)(i)(i) Shared symmetric key cryptography;

5 CFR 850.106(c)(2)(ii)(ii) Public/private key (asymmetric) cryptography, also known as digital signatures;

5 CFR 850.106(c)(3)(3) Any combination of methods described in paragraphs (c)(1) and (c)(2) of this section; or

5 CFR 850.106(c)(4)(4) Such other means as the Director may find appropriate.