§ 31455.5. — 31455.5. (Added by Stats. 2008, Ch. 369, Sec. 5.)

California § 31455.5.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 4.
• Title 3.: DIVISION 4. EMPLOYEES
• Part 3.: PART 3. RETIREMENT SYSTEMS
• Ch. 3.: CHAPTER 3. County Employees Retirement Law of 1937
• Art. 1.: ARTICLE 1. General

Text

(a)
It is unlawful for a person to do any of the following:
(1)
Make, or cause to be made, any knowingly false material statement or material representation, to knowingly fail to disclose a material fact, or to otherwise provide false information with the intent to use it, or allow it to be used, to obtain, receive, continue, increase, deny, or reduce any benefit accrued or accruing to a person under this chapter.
(2)
Present, or cause to be presented, any knowingly false material statement or material representation for the purpose of supporting or opposing an application for any benefit accrued or accruing to a person under this chapter.
(3)
Knowingly accept or obtain payment from a retirement system with knowledge that the recipient is not entitled to the payment under the provisions of this chapter and with the intent to retain the payment for personal use or benefit.
(4)
Knowingly aid, abet, solicit, or conspire with any person to do an act prohibited by this section.
(b)
For purposes of this section, “statement” includes, but is not limited to, any oral or written application for benefits, report of family relationship, report of injury or physical or mental limitation, hospital records, test results,
physician reports, or other medical records, employment records, duty statements, reports of compensation, or any other evidence material to the determination of a person’s initial or continued eligibility for a benefit or the amount of a benefit accrued or accruing to a person under this chapter.
(c)
A person who violates any provision of this section is punishable by imprisonment in a county jail not to exceed one year, or by a fine of not more than five thousand dollars ($5,000), or by both that imprisonment and fine.
(d)
A person violating any provision of this section may be required by the court in a criminal action to make restitution to the retirement system, or to any other person determined by the court, for the amount of the benefit unlawfully obtained, unless the court finds that restitution, or a portion of it, is not in the interests of justice. Any restitution order
imposed pursuant to this section shall be satisfied before any criminal fine imposed under this section may be collected.
(e)
The provisions provided by this section are cumulative and shall not be construed as restricting the application of any other law.

Legislative History

Added by Stats. 2008, Ch. 369, Sec. 5. Effective January 1, 2009.