Coverage note: this corpus holds the
consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check
palegis.us.
§ 8534. Fraud and adjustment of errors.
(a) Penalty for fraud.--Any person who shall knowingly make any false statement or shall falsify or permit
to be falsified any record or records of this system or plan in any attempt to defraud
the system or plan as a result of such act shall be guilty of a misdemeanor of the
second degree.
(b) Adjustment of errors.--Should any change or mistake in records result in any member, participant, beneficiary,
survivor annuitant or successor payee receiving from the system or plan more or less
than he would have been entitled to receive had the records been correct, then regardless
of the intentional or unintentional nature of the error and upon the discovery of
such error, the board shall correct the error and if the error affects contributions
to or payments from the system, then so far as practicable shall adjust the payments
which may be made for and to such person in such a manner that the actuarial equivalent
of the benefit to which he was correctly entitled shall be paid. If the error affects
contributions to or payments from the plan, the board shall take such action as shall
be provided for in the plan document.
(June 12, 2017, P.L.11, No.5, eff. imd.)
Cross References. Section 8534 is referred to in section 8303.1 of this title.
Notes of Decisions
Hairston-Brown v. Pub. Sch. Employees' Ret. Bd., 78 A.3d 720 (Pa. Commw. Ct. 2013).
· cites it 3× “24 Pa.C.S. § 8534. Specifically, the Board avers that because Claimant blended her work for Laboratory and Ad Prima with multiple other entities, i.”
White v. Pub. Sch. Employees' Ret. Bd., 11 A.3d 1 (Pa. Commw. Ct. 2010).
· cites it 2× “24 Pa.C.S. § 8534(b) (emphasis added). The General Assembly amended the Code in 1998 to allow the Board to waive certain after-retirement account adjustments: (a) Allowance.”
Kirsch v. Pub. Sch. Employees' Ret. Bd., 985 A.2d 671 (Pa. 2009).
“However, 24 Pa.C.S. § 8534 obligates the Public School Employees’ Retirement Board to correct any error in records and adjust payments whenever it discovers such an error.”
Cannonie v. Pub. Sch. Employees' Ret. Sys., 952 A.2d 706 (Pa. Commw. Ct. 2008).
· cites it 2× “Because the Board is not estopped from correcting any mistakes and, in fact, is duty-bound to correct any mistakes, 24 Pa.C.S. § 8534(b), 9 Retirees’ argument is *710 rejected.”
L. Volpe v. PSERB (Pa. Commw. Ct. 2017).
· cites it 2× “at 45 (citing Section 8534(b) of the Retirement Code, 24 Pa. C.S. § 8534(b)).) Further, PSERB asserts that PSERS made no actual statement or misrepresentation that 10 Since we are remanding for a new determination on the issue of whether Petitioner should be granted a waiver of…”
S. Ramos v. Allentown Educ. Ass'n (Pa. Commw. Ct. 2016).
“Section 8534(b) of the Retirement Code, 24 Pa. C.S. §8534(b), requires PSERS to correct all intentional or unintentional errors in members’ accounts.”
J.E. Lebron v. PSERB (Pa. Commw. Ct. 2020).
“24 Pa.C.S. § 8534(b). 24 Although Baillie is factually distinguishable from the instant matter, these rules of law are nevertheless controlling here.”
— 24 Pa. Cons. Stat. § 8534(a) — 1 case
— 24 Pa. Cons. Stat. § 8534(b) — 8 cases
White v. Pub. Sch. Employees' Ret. Bd., 11 A.3d 1 (Pa. Commw. Ct. 2010).
“24 Pa.C.S. § 8534(b) (emphasis added). The General Assembly amended the Code in 1998 to allow the Board to waive certain after-retirement account adjustments: (a) Allowance.”
Cannonie v. Pub. Sch. Employees' Ret. Sys., 952 A.2d 706 (Pa. Commw. Ct. 2008).
“Because the Board is not estopped from correcting any mistakes and, in fact, is duty-bound to correct any mistakes, 24 Pa.C.S. § 8534(b), 9 Retirees’ argument is *710 rejected.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.