Opinion
April 10, 1962.
June 13, 1962.
Unemployment Compensation — Voluntary termination of employment — Voluntary retirement — Unemployment Compensation Law.
1. In this case, in which it appeared that claimant voluntarily retired, although under the employer's retirement program he could have continued to work, it was Held that he was properly denied compensation by the compensation authorities under § 402(b)(1) of the Unemployment Compensation Law.
2. Mayer Unemployment Compensation Case, 192 Pa. Super. 504, Held controlling.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 147, April T., 1962, by claimant, from decision of Unemployment Compensation Board of Review, No. B-69630, in re claim of Paul J. Kuster. Decision affirmed.
Paul J. Kuster, claimant, appellant, in propria persona.
Sydney Reuben, Assistant Attorney General, with him David Stahl, Attorney General, for Unemployment Compensation Board of Review, appellee. Alexander Black, with him Charles C. Stilley, and Buchanan, Ingersoll, Rodewald, Kyle Buerger, for employer, intervenor-appellee.
Argued April 10, 1962.
In this unemployment compensation case the claimant was denied compensation by the bureau, the referee and the board under § 402(b)(1) of the Unemployment Compensation Law, 43 P. S. § 802 (b)(1).
Claimant was last employed by Metropolitan Life Insurance Company as an agent. Under the employer's retirement program he could have retired at the age of 65 on April 1, 1961 or if he requested and the company approved, he could have worked an additional year. On March 15, 1961 appellant requested permission to continue working for an additional year until April 1, 1962 and his request was granted. On September 5, 1961 appellant requested that he be retired as of September 29, 1961 and his request was granted. He could have continued to work until April 1, 1962 had he not retired voluntarily.
This case is ruled by Mayer Unemployment Compensation Case, 192 Pa. Super. 504, 161 A.2d 660.
Decision affirmed.