128-38.5. Improper receipt of decedent's retirement allowance.
A person is guilty of a Class 1 misdemeanor if the person, with the intent to defraud, receives money as a result of cashing, depositing, or receiving a direct deposit of a decedent's retirement allowance and the person (i) knows that he or she is not entitled to the decedent's retirement allowance, (ii) receives the benefit at least two months after the date of the retiree's or beneficiary's death, and (iii) does not attempt to inform this Retirement System of the retiree's or beneficiary's death. (2011-232, s. 10(b); 2013-288, s. 9(c).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 128 - Offices and Public Officers
Article 3 - Retirement System for Counties, Cities and Towns.
§ 128-22 - Name and date of establishment.
§ 128-23 - Acceptance by cities, towns and counties.
§ 128-23.1 - Inactive employers.
§ 128-26 - Allowance for service.
§ 128-26A - Reciprocity of creditable service with other State-administered retirement systems.
§ 128-28 - Administration and responsibility for operation of System.
§ 128-29 - Management of funds.
§ 128-30 - Method of financing.
§ 128-31 - Exemptions from execution; employing unit to offset amount owed by member or beneficiary.
§ 128-32 - Protection against fraud.
§ 128-32.1 - Failure to respond.
§ 128-33 - Certain laws not applicable to members.
§ 128-33.1 - Public records held by the Retirement System.
§ 128-34 - Transfer of members.
§ 128-35 - Obligations of pension accumulation fund.
§ 128-36 - Local laws unaffected; when benefits begin to accrue.
§ 128-37 - Membership of employees of district health departments or public health authorities.
§ 128-37.1 - Membership of employees of county social services department.
§ 128-37.2 - Continued membership for certain fire departments.
§ 128-38 - Reservation of power to change.
§ 128-38.1 - Termination or partial termination; discontinuance of contributions.
§ 128-38.2 - Internal Revenue Code compliance.
§ 128-38.3 - Deduction for payments allowed.
§ 128-38.4B - Prohibition on purchase of forfeited service.
§ 128-38.5 - Improper receipt of decedent's retirement allowance.