Senate Bill No. 506
(By Senators Foster and Unger)
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[Introduced February 8, 2010; referred to the Committee on
Pensions; and then to the Committee on Finance.]
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A BILL to
amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §15-2-54; and to
amend and reenact §15-2A-16 of said code, all relating to
State Police; imposing criminal penalties for attempting to
falsify records to defraud the
West Virginia State Police
Death, Disability and Retirement Fund;
and requiring repayment
of any additional benefits received as a result of fraudulent
actions under the
West Virginia State Police Death, Disability
and Retirement Fund
and the West Virginia State Police
Retirement System.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §15-2-54; and that §15-
2A-16 of said code be amended and reenacted, all to read as
follows:
ARTICLE 2. WEST VIRGINIA STATE POLICE.
§15-2-54. Fraud; penalties; and repayment.
Any person who knowingly makes any false statement or who
falsifies or permits to be falsified any record of the retirement
system in any attempt to defraud that system is guilty of a
misdemeanor and, upon conviction, shall be punished by a fine not
to exceed $1,000, by confinement in jail not to exceed one year, or
by both a fine and confinement. Any increased benefit received by
any person as a result of the falsification or fraud shall be
returned to the fund upon demand by the board.
ARTICLE 2A. WEST VIRGINIA STATE POLICE RETIREMENT SYSTEM.
§15-2A-16. Fraud; penalties.
Any person who knowingly makes any false statement or who
falsifies or permits to be falsified any record or records of the
retirement system in any attempt to defraud that system is guilty
of a misdemeanor and, upon conviction, shall be punished by a fine
not to exceed $1,000, or confinement in the county jail not to
exceed one year or both. Any increased benefit received by any
person as a result of the falsification or fraud shall be returned
to the fund upon demand by the board.
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(NOTE: The purpose of this bill is to impose penalties for
falsifying retirement records under the West Virginia State Police
Death, Disability and Retirement Fund and to require repayment of
any additional benefits received as a result of the falsification
of any records under the West Virginia State Police Death,
Disability and Retirement Fund and the West Virginia State Police
Retirement System.
§15-2-54 is new; therefore, strike-throughs and underscoring have been omitted.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
)
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FINANCE COMMITTEE AMENDMENT
On page two, section fifty-four, line eight, by striking out
the words "as a result" and inserting in lieu thereof the word
"convicted";
And,
On page two, section sixteen, line eighteen, by striking out
the words "as a result" and inserting in lieu thereof the word
"convicted".
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