North Carolina General Statutes 128-38.5. Improper receipt of decedent’s retirement allowance
Current as of: 2024 | Check for updates
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Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 120 days |
Terms Used In North Carolina General Statutes 128-38.5
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Beneficiary: shall mean any person in receipt of a pension, an annuity, a retirement allowance or other benefit as provided by this Article. See North Carolina General Statutes 128-21
- Decedent: A deceased person.
- Retirement allowance: shall mean the sum of the annuity and the pension, or any optional benefit payable in lieu thereof. See North Carolina General Statutes 128-21
- Retirement System: shall mean the North Carolina Local Governmental Employees' Retirement System as defined in this Article. See North Carolina General Statutes 128-21
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).)