Lead Opinion
The central question posed by this appeal is whether the term “income,” as used in R.C. 4141.30(E)(2), includes Social Security disability benefits. We hold that it does not.
Under the unemployment compensation system adopted in Ohio, an individual eligible for such compensation may receive additional benefit amounts if he has a dependent or dependents. R.C. 4141.30(B). The term “dependent,” as relevant herein, is defined in R.C. 4141.30(E)(2), as follows:
“The legally married wife or husband of the individual claiming benefits for whom more than one-half the cost of support has been supplied by such individual for at least ninety consecutive days, or for the duration of the marital relationship if it has existed for less than ninety days, immediately preceding the beginning of such individual’s current benefit year and such wife or husband was living with such individual and had an average weekly income, in such period, not in excess of twenty-five per cent of the claimant’s averаge weekly wage, or thirty dollars, whichever is less.”
The term “income” is not defined anywhere in R.C. Chapter 4141. Appellees argue that the term “income” should be construed broadly to include the Social Security disability benefits involved in the instant case. We do not agree.
Where a particular term employed in a statute is not defined, it will be accorded its plain, everyday meaning. State v. Dorso (1983),
Social Security payments are not “income” as that term is generally understood. Such benefits constitute neither compensation for labor nor a return on capital. They are not earned by the recipient.
Our conclusion that the term “income” is synonymous with “earnings” is bolstered by the legislative history of the dependency provisiоn in R.C. 4141.30. R.C. 4141.30(E)(2), the spousal dependency provision at issue today, traces its origins to Am. Sub. S.B. No. 237, passed by the General Assembly in 1967. (132 Ohio Laws, Part I, 1477, 1480; Part II, 2237.) In its analysis of the original bill’s provisions, the Ohio Legislative Service Commission observed that the new spousal dependency clause disqualifies as a dependent any spouse whose “average earnings” exceeded the statеd limit. Summary of 1967 Enactments of the 107th General Assembly, Ohio Legislative Service Commission, at 54. Hence, it is clear that a dependent spouse may be disqualified only by the receipt of mоnies earned by that spouse. Social Security disability benefits cannot be characterized as earnings, and thus cannot be income.
The expansive interpretation propоsed by appellees would have the effect of restricting the availability of the enhanced unemployment compensation benefits payable to claimants with dеpendents. However, R.C. 4141.46 mandates that “[s]ections 4141.01 to 4141.46, inclusive, of the Revised Code shall be liberally construed.” The purpose of the Unemployment Compensation Act, R.C. Chaрter 4141, is “* * * to enable unfortunate employees, who become and remain involuntarily unemployed by adverse business and in
It is contended that this court’s recent holding in Gleason v. Bur. of Employment Services (1985),
At least two features of Gleason distinguish that decision from the case before us today. First, the Social Security disability benefits involved herein were received not by the claimant himself, but by his spouse. More importantly, however, Gleason was decided pursuant to this court’s interpretation and application of statutes which are irrelevant to this case. Therefore, any attеmpted analogy between the instant cause and Gleason is strained at best.
Accordingly, we hold that the term “income,” as used in R.C. 4141.30 (E)(2), refers to compensation for services rendered or labor performed.
Based on the foregoing, we find that the holding of the board was unlawful and unreasonable, and the judgment of the court of appeals is reversed and the cause is remаnded to the board of review for recalculation of appellant’s benefits.
Judgment reversed and cause remanded.
Dissenting Opinion
dissenting. This reviewing court, in the same manner as did the court of appeals below, should give deference to the decision of the Administrator of the Ohio Bureau of Employment Services (“OBES”) in the determination of the statutory construction of whether “average weekly income” as used in R.C. 4141.30(E)(2) includes Social Security disability benefits.
In conducting its review, the trial court, the court of appeals, and this court must assume that the legislature knew the meaning of the words utilized in the statute. Although the appellant argues that the word “earnings” has been analyzed by the Legislative Service Commission to exclude Social Security disability benefits, it is quite аpparent that the General Assembly could have utilized the word “earnings” instead of “income” in the statute, but deliberately chose not to do so.
The computation of unemрloyment benefits pursuant to R.C. 4141.30(B) is based on fifty percent of the appli
Here, OBES’s interpretation is supported first by the fact that the legislature used the term “income” rather than “earnings,” and income is the broader of the terms. Second, inclusion of disability benefits within the term “income” is supported by the purpose of Social Security disability payments, i.e., “to provide workers and their families with basic protection against hardships creatеd by loss of earnings due to illness or old age.” Mathews v. DeCastro (1976),
Finally, the agency’s interpretаtion of the statute does not violate the Ohio or United States Constitutions. As this statute does not involve a fundamental interest or any protected class, it must be upheld if it is rationally rеlated to a legitimate state interest. Ohio Bur. of Employment Services v. Hodory (1977),
I would therefore affirm the court of appeals in that Social Security disability benefits are properly included as income of a spouse within R.C. 4141.30 (E)(2).