Summary
In Unemployment Compensation Board of Review v. Goldstein, 23 Pa. Commw. 11, 349 A.2d 824 (1976), Bonnani v. Unemployment Compensation Board of Review, 22 Pa. Commw. 515, 349 A.2d 498 (1975), Unemployment Compensation Board of Review v. Leib, 20 Pa. Commw. 206, 340 A.2d 927, allocatur denied (1975), Etter v. Unemployment Compensation Board of Review, 12 Pa. Commw. 642, 316 A.2d 659, allocatur denied (1974), and Ettelson v. Unemployment Compensation Board of Review, 12 Pa. Commw. 642, 316 A.2d 661 (1974), we held that such payments are to be offset against unemployment compensation.
Summary of this case from Sharpe v. Unempl. Comp. Bd. of ReviewOpinion
Argued December 5, 1975
January 15, 1976.
Unemployment compensation — Retirement benefits — Federal pension — Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897.
1. The Unemployment Compensation Law, Act 1936, December 5, P.L. (1937) 2897, requires that retirement pension benefits paid to a former federal employe be offset against unemployment compensation benefits to which he is entitled. [11-2]
Judge BLATT dissented.
Argued December 5, 1975, before Judges KRAMER, WILKINSON, JR., and ROGERS, sitting as a panel of three.
Appeal, No. 328 C.D. 1975, from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of Martin Goldstein, No. B-124228.
Application to Bureau of Employment Security for unemployment compensation benefits. Application denied. Applicant appealed to the Unemployment Compensation Board of Review. Denial affirmed. Applicant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Martin Goldstein, appellant, for himself.
Daniel R. Schuckers, Assistant Attorney General, with him, Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.
The sole question in this case is whether the retirement pension benefits paid to the appellant, a former employe of the Internal Revenue Service, are to be offset against unemployment compensation benefits pursuant to Section 404(d)(iii) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P. S. § 804(d)(iii). We have repeatedly held that they are: Unemployment Compensation Board of Review v. Charles E. Leib, 20 Pa. Commw. 206, 340 A.2d 927 (1975); Etter v. Unemployment Compensation Board of Review, 12 Pa. Commw. 642, 316 A.2d 659 (1974); Ettelson v. Unemployment Compensation Board of Review, 12 Pa. Commw. 617, 316 A.2d 661 (1974). The Supreme Court of Pennsylvania has denied petitions for allocatur in Etter and Leib.
ORDER
And now, this 15th day of January, 1976, it is ordered that the instant appeal be and it is dismissed, and the decision of the Unemployment Compensation Board of Review be and it is affirmed.
Judge BLATT dissents.