Opinion
May 1, 1997
Appeal from the Unemployment Insurance Appeal Board.
After leaving his position as a technical writer for a contracting company, claimant received a lump-sum retirement payment which he rolled over into an individual retirement account in lieu of receiving a monthly annuity. The retirement fund from which claimant was paid was fully financed by his employer. After claimant had applied for and received benefits, the Unemployment Insurance Appeal Board rendered a decision ruling that his benefit rate would be reduced to reflect his receipt of the employer-funded retirement payment. Claimant was also charged with a recoverable overpayment. We affirm. Labor Law § 600(7)(b) provides that benefit rates must be reduced by the amount of any employer-funded pension benefits. This section applies whether such benefits are paid on a monthly basis or in the form of a lump sum ( see, Matter of Chriscaden [Sweeney], 232 A.D.2d 803; Matter of Rolland [Eastman Kodak Co. — Sweeney], 232 A.D.2d 710). Accordingly, the Board's decision will not be disturbed.
Cardona, P.J., Mikoll, Peters, Spain and Carpinello, JJ., concur. Ordered that the decision is affirmed, without costs.