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.
§ 5954. 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 affected 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 affected
contributions to or payments from the plan, the board shall take action as provided
for in the plan document.
(Oct. 7, 1975, P.L.348, No.101, eff. imd.; June 12, 2017, P.L.11, No.5, eff. imd.)
Notes of Decisions
Vine v. Commonwealth, State Employees' Ret. Bd., 9 A.3d 1150 (Pa. 2010).
· cites it 4× “Indeed, she posits, this case involves Appellant's right to disability benefits based upon 29 years of state service and her paraplegia; SERS, Appellant avers, is not an innocent third party victim, but rather, is an entity statutorily required to correct errors, see 71 Pa.C.S.…”
Vine v. State Employees' Ret. Bd., 956 A.2d 1088 (Pa. Commw. Ct. 2008).
· cites it 2× “[7] 71 Pa.C.S. § 5954(b), provides in full as follows: Should any change or mistake in records result in any member, beneficiary or survivor annuitant receiving from the system more or less than he would have been entitled to receive had the records been correct, then regardless…”
Bittenbender v. State Employees' Ret. Bd., 622 A.2d 403 (Pa. Commw. Ct. 1993).
“The specific section of the subject act which governs the situation here is Section 5954, 71 Pa.C.S. § 5954, which states: § 5954. Fraud and adjustment of errors.”
G.A. & D.D. Sandusky v. PA State Employees' Ret. Bd., 127 A.3d 34 (Pa. Commw. Ct. 2015).
· cites it 3× “71 Pa.C.S. § 5954(b). Further, the Retirement Code defines “actuarially equivalent” as “[ejqual present values, computed on the basis of statutory interest and the mortality tables adopted by the board” and specifies that “statutory interest” shall be “[ijnterest at 4% per…”
Olsen v. Pennsylvania State Employes' Ret. Bd., 688 A.2d 255 (Pa. Commw. Ct. 1997).
“Section 5954(b) of the Retirement Code, 71 Pa.C.S. § 5954(b), requires the Board to correct any error when a member, beneficiary or survivor is receiving more or less than that to which he or she is entitled.”
Czarnecki v. State Employees' Ret. Bd., 143 A.3d 460 (Pa. Commw. Ct. 2016).
“Regarding SERS' assertion that it merely corrected a prior error as permitted by Section 5954(b) of the Retirement Code, 71 Pa.C.S. § 5954(b), we are unpersuaded.”
— 71 Pa. Cons. Stat. § 5954(b) — 5 cases
Vine v. State Employees' Ret. Bd., 956 A.2d 1088 (Pa. Commw. Ct. 2008).
“[7] 71 Pa.C.S. § 5954(b), provides in full as follows: Should any change or mistake in records result in any member, beneficiary or survivor annuitant receiving from the system more or less than he would have been entitled to receive had the records been correct, then regardless…”
G.A. & D.D. Sandusky v. PA State Employees' Ret. Bd., 127 A.3d 34 (Pa. Commw. Ct. 2015).
“71 Pa.C.S. § 5954(b). Further, the Retirement Code defines “actuarially equivalent” as “[ejqual present values, computed on the basis of statutory interest and the mortality tables adopted by the board” and specifies that “statutory interest” shall be “[ijnterest at 4% per…”
Olsen v. Pennsylvania State Employes' Ret. Bd., 688 A.2d 255 (Pa. Commw. Ct. 1997).
“Section 5954(b) of the Retirement Code, 71 Pa.C.S. § 5954(b), requires the Board to correct any error when a member, beneficiary or survivor is receiving more or less than that to which he or she is entitled.”
Czarnecki v. State Employees' Ret. Bd., 143 A.3d 460 (Pa. Commw. Ct. 2016).
“Regarding SERS' assertion that it merely corrected a prior error as permitted by Section 5954(b) of the Retirement Code, 71 Pa.C.S. § 5954(b), we are unpersuaded.”
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.