Legislation
SECTION 111
Protection against fraud
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 2, TITLE 12
§ 111. Protection against fraud. a. Any person who shall:
1. Knowingly make any false statement, or
2. Falsify or permit to be falsified any record of the retirement
system, in any attempt to defraud such system as the result of such act
shall be guilty of a misdemeanor.
b. Any violation of subdivision a of this section that results in a
member or beneficiary of the retirement system receiving a benefit or
payment in excess of one thousand dollars more than he or she would have
been entitled to shall be a class E felony. Any violation of subdivision
a of this section that results in a member or beneficiary of the
retirement system receiving a benefit or payment in excess of three
thousand dollars more than he or she would have been entitled to shall
be a class D felony.
c. In the event that any change or error in any record of the
retirement system causes a member or beneficiary of such system to
receive more or less than he would have been entitled to receive had
such record been correct, the comptroller, upon the discovery of any
such change or error, shall correct such record. As far as practicable,
the comptroller shall adjust payments in such a manner that the
actuarial equivalent of any benefit rightly due shall be paid.
1. Knowingly make any false statement, or
2. Falsify or permit to be falsified any record of the retirement
system, in any attempt to defraud such system as the result of such act
shall be guilty of a misdemeanor.
b. Any violation of subdivision a of this section that results in a
member or beneficiary of the retirement system receiving a benefit or
payment in excess of one thousand dollars more than he or she would have
been entitled to shall be a class E felony. Any violation of subdivision
a of this section that results in a member or beneficiary of the
retirement system receiving a benefit or payment in excess of three
thousand dollars more than he or she would have been entitled to shall
be a class D felony.
c. In the event that any change or error in any record of the
retirement system causes a member or beneficiary of such system to
receive more or less than he would have been entitled to receive had
such record been correct, the comptroller, upon the discovery of any
such change or error, shall correct such record. As far as practicable,
the comptroller shall adjust payments in such a manner that the
actuarial equivalent of any benefit rightly due shall be paid.