Section 411. 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 New York state
      and local police and fire 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 New York
      state and local police and fire 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.