Section 104.1060

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS

Chapter 104

Effective - 28 Aug 2023, 2 histories   

  104.1060.  Erroneous amount paid, correction — penalty for falsification — disqualification from receipt of payments, when. — 1.  Should any error result in any person receiving more or less than the person would have been entitled to receive had the error not occurred, the board shall correct such error, and, as far as practicable, make future payments in such a manner that the actuarial equivalent of the annuity to which such person was entitled shall be paid, and to this end may recover any overpayments.  In all cases in which such error has been made, no such error shall be corrected unless the system discovers or is notified of such error within ten years after the member's annuity starting date or the date of error, whichever occurs later.  In cases of fraud, any error discovered shall be corrected without concern to the amount of time that has passed.

  2.  A person who knowingly makes a false statement, or falsifies or permits to be falsified a record of the system, in an attempt to defraud the system shall be subject to fine or imprisonment under the Missouri revised statutes.

  3.  A board shall not pay an annuity to any survivor or beneficiary who is charged with the intentional killing of a member, retiree or survivor without legal excuse or justification.  A survivor or beneficiary who is convicted of such charge shall no longer be entitled to receive an annuity.  If the survivor or beneficiary is not convicted of such charge, the board shall resume annuity payments and shall pay the survivor or beneficiary any annuity payments that were suspended pending resolution of such charge.

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(L. 1999 S.B. 308 & 314, A.L. 2013 H.B. 233, A.L. 2023 S.B. 20 merged with S.B. 75)