North Carolina § 135-18 - 11. Improper receipt of decedent's retirement allowance.

§ 135-18. 11. Improper receipt of decedent's retirement allowance.

A person is guilty of a Class 1 misdemeanor if the person, with the intent to defraud, receives money as a result of cashing, depositing, or receiving a direct deposit of a decedent's retirement allowance and the person (i) knows that he or she is not entitled to the decedent's retirement allowance, (ii) receives the benefit at least two months after the date of the retiree's or beneficiary's death, and (iii) does not attempt to inform this Retirement System of the retiree's or beneficiary's death. History (2011-232, s. 10(a); 2012-185, s. 3(a); 2013-288, s. 9(b).) Editor's Note. - Session Laws 2011-232, s. 11, made this section effective December 1, 2011, and applicable to acts committed on or after that date. Session Laws 2012-185, s. 5, provides, in part, that the amendments to this section by Session Laws 2012-185, s. 3(a), are applicable to acts committed on or after December 1, 2012. Session Laws 2013-288, s. 12, made the amendment to this section by Session Laws 2013-288, s. 9(b), applicable to acts committed on or after December 1, 2013. Effect of Amendments. - Session Laws 2012-185, s. 3(a), effective December 1, 2012, added "or disability benefit," in the section catchline and "added or a decedent's monthly benefit under the Disability Income Plan of North Carolina" and "or the monthly disability benefit" to the provisions of the section. Session Laws 2013-288, s. 9(b), effective December 1, 2013, deleted "or disability benefits" following "allowance" in the section heading; and deleted "or a decedent's monthly benefit under the Disability Income Plan of North Carolina" and "or the monthly disability benefit" following the first and second occurrence of "decedent's retirement allowance" respectively, and inserted "or beneficiary's" twice.