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O.C.G.A. § 47-4-121 — Attempts to defraud the retirement system by means of false statements or falsified records; adjustment of erroneous payments | Georgia Code

O.C.G.A. § 47-4-121 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 47 RETIREMENT AND PENSIONS

Section 4. Public School Employees Retirement System, 47-4-1 through 47-4-121.

ARTICLE 7 MISCELLANEOUS PROVISIONS

47-4-121. Attempts to defraud the retirement system by means of false statements or falsified records; adjustment of erroneous payments.

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, upon conviction, shall be punished by a fine not exceeding $500.00 or imprisonment not exceeding 12 months or both.
If any change or error in the records 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 shall have the power to correct such error and to adjust the payments as far as practicable and in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.

(Ga. L. 1969, p. 998, §§ 21, 22.)

OPINIONS OF THE ATTORNEY GENERAL

Trustees correct failure to detail amount of service credit.

- Board of trustees has the statutory authority to correct its records; this authority obtains even when the incorrectness of the records is in no manner attributable to the retirement system, but is wholly caused by a member and the member's employer failing to detail an accurate amount of prior service credit. 1976 Op. Att'y Gen. No. 76-25.

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, § 264 et seq.

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This Georgia Code resource is curated by Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.