Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this Retirement System in any attempt to defraud such System as a result of such act shall be guilty of a Class 1 misdemeanor. Should any change or error in the records result 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 correct such error, and as far as practicable, shall adjust the payment in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid. (1941, c. 25, s. 10; 1993, c. 539, s. 973; 1994, Ex. Sess., c. 24, s. 14(c).)
Notes of Decisions
Faulkenbury v. Teachers' & State Employees' Ret. Sys., 483 S.E.2d 422 (N.C. 1997).
· cites it 9× “§ 128-32 and N.C.G.S. § 135-10, which have virtually identical provisions as follows: Should any change or error in the records result 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…”
Faulkenbury v. Teachers'& State Emp. Ret. Sys., 483 S.E.2d 422 (N.C. 1997).
· cites it 9× “§ 128-32 and N.C.G.S. § 135-10, which have virtually identical provisions as follows: Should any change or error in the records result 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…”
Faulkenbury v. Teachers' & State Employees' Ret. Sys. of North Carolina, 510 S.E.2d 675 (N.C. Ct. App. 1999).
· cites it 5× “§ 135-10 which have virtually identical provisions as follows: Should any change or error in the records result 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…”
Faulkenbury v. Teachers' & State Employees' Ret. Sys., 515 S.E.2d 743 (N.C. Ct. App. 1999).
· cites it 2× “2 Plaintiffs initially brought suit on 5 November 1990, and on 21 July 1995, the trial court concluded that “Plaintiffs [were] entitled to interest and the actuarial equivalent of their underpayments in accordance with N.”
Faulkenbury v. Teachers'& State Emp. Ret., 510 S.E.2d 675 (N.C. Ct. App. 1999).
· cites it 5× “§ 135-10 which have virtually identical provisions as follows: Should any change or error in the records result 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…”
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