North Carolina General Statutes 135-111.1. Improper receipt of decedent’s Disability Income Plan allowance
Current as of: 2023 | Check for updates
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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 Disability Income Plan allowance and the person (i) knows that he or she is not entitled to the decedent’s Disability Income Plan allowance, (ii) receives the benefit at least two months after the date of the beneficiary‘s death, and (iii) does not attempt to inform this Retirement System of the beneficiary‘s death. ?(2013-288, s. 9(a).)
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 135-111.1
- 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 disability allowance or other benefit as provided in this Article. See North Carolina General Statutes 135-101
- Decedent: A deceased person.
- Plan: shall mean the Disability Income Plan of North Carolina as provided in this Article. See North Carolina General Statutes 135-101
- Retirement: shall mean the withdrawal from active service with a retirement allowance granted under the provisions of Article 1 of this Chapter. See North Carolina General Statutes 135-101