WILLIAM DONALD SCHAEFER, Governor

Ch. 6

In subsection (b)(1) of this section, the reference to "each individual ... who
became a retiree or commenced receiving a vested allowance" is substituted
for the former references to "each former member who became a retiree" to
reflect long-standing administrative practice to apply this section to both
retirees and vested former members receiving an allowance. Similarly, in
subsection (b)(2) and (3) of this section, the reference to "former member
receiving a vested allowance" is added.

In subsection (c) of this section, the references to an "individual" is
substituted for the former references to "employee" and "retiree" for
consistency.

In subsection (d) of this section, the reference to "employee or retiree" is
deleted as unnecessary.

Defined terms: "Board of Trustees" § 20-101
"Employees' Pension System" § 20-101
"Employees' Retirement System" § 20-101
"Former member" § 20-101
"Retiree" § 20-101
"Teachers' Pension System" § 20-101
"Teachers' Retirement System" § 20-101
"Vested allowance" § 20-101

21-505. FRAUD.

(A)     IN GENERAL.

A PERSON MAY NOT KNOWINGLY MAKE A FALSE STATEMENT OR FALSIFY OR
ALLOW ANOTHER TO FALSIFY ANY RECORD OF ANY STATE SYSTEM IN AN ATTEMPT
TO DEFRAUD THE STATE SYSTEM.

(B)     MISDEMEANOR.

A PERSON WHO VIOLATES SUBSECTION (A) OF THIS SECTION IS GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO PUNISHMENT UNDER THE
LAWS OF THIS STATE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 73B, § 1-504.

The State Personnel and Pensions Article Review Committee notes, for
consideration by the General Assembly, that this criminal provision lacks an
express penalty and there is no general statutory penalty concerning fraud in
Article 27 of the Code. The General Assembly may wish to consider whether
this provision is necessary in light of Art. 27, § 45A, which, in part, prohibits
any person from willfully making a false entry in a public record or whether
the express penalty in that section should be applied in this section as well.

Defined terms: "Person" § 20-101
"State system" § 20-101

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