Section 111. Protection against fraud  


Latest version.
  • 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.