Skip to content

A public reference institution of the State of North Carolina's law

PUBLISHED

N.C.G.S. § 128-38.5

Improper receipt of decedent's retirement allowance.

Effective date
2026-08-08
Last verified
2026-08-09
Source
official source
Revision history
view all versions
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.  (2011-232, s. 10(b); 2013-288, s. 9(c); 2025-11, s. 4(a).)

Reviewed 2026-08-09 · source_verified