O.C.G.A.

O.C.G.A. § 47-3-141 (2019)

Attempts to defraud the retirement system by means of false statements or falsified records; adjustment of erroneous payments

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) Any person who knowingly makes any false statements or falsifies or permits to be falsified any records of the retirement system in any attempt to defraud the retirement system, as a result of such act, shall be guilty of a misdemeanor and on conviction shall be punished by a fine not exceeding $500.00, imprisonment not exceeding 12 months, or both. (b) If any change or error in the records of the retirement system results in any member or beneficiary receiving from the retirement system more or less than he would have been entitled to receive had the records been correct, the board of trustees shall have the power to correct such error and to adjust the payments as far as practicable in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.

History

(Ga. L. 1943, p. 640, § 11.)

Annotations

JUDICIAL DECISIONS Reduction in future benefits constitutional. - Since there is no vested right to benefits one was never entitled to receive, the reduction in future benefits to retiree did not violate the retiree’s constitutional right to protection against impairment of contract. Tate v. Teachers’ Retirement Sys., 257 Ga. 365, 359 S.E.2d 649 (1987). Benefits conferred on education association’s secretary reviewable. - Subsection

(b) of O.C.G.A. § 47-3-141 provides for correction of errors which result in payment of benefits which are less or greater than a member or beneficiary is entitled to receive, and thus implicitly authorizes the retirement system to review benefits conferred on the former executive secretary emeritus of the Georgia Association of Educators. Tate v. Teachers’ Retirement Sys., 257 Ga. 365, 359 S.E.2d 649 (1987).

RESEARCH REFERENCES Am. Jur. 2d. - 60A Am. Jur. 2d, Pensions and Retirement Funds, § 1244 et seq. C.J.S. - 67 C.J.S., Officers and Public

Employees, § 309. 70 C.J.S., Pensions, § 12. 78 C.J.S., Schools and School Districts, § 346.

Notes of Decisions

Cited in 1 case, 1987–1987 · leading case: Tate v. Teachers Ret. Sys. of Ga., 359 S.E.2d 649 (Ga. 1987).

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Tate v. Teachers Ret. Sys. of Ga., 359 S.E.2d 649 (Ga. 1987). · cites it 4× “The trial court found that the authority was implicit in OCGA § 47-3-141 (b) and that to give Dr. Tate and the GAE unfettered authority to negotiate a contract which would be binding on the TRS would be an unconstitutional delegation of authority over public funds.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.