Case Information
*1 0 1 , I Zion. Claude A. Ef;llW$s, page 2
Is5 will mt atte;r,pt t* qwte or dlsours all phases QttaCh0d phi OtitliId ifi tfI@ WtribitS t0 J%W l??ttW, - _ ._
'?i'o have coriaidercd the Texas l3~euploynsnt C?ompenasa- tlon law RO emoted by the 3rd Gallad Se:;sios of the (Gr,th)
Legislature elld since amndod for the Ictwtion of the le&s-
l&tion in the furthertmoo oi a fibto unrxzp,lo~ont inauranoe Sect;ion li (I) of the GT3.&$ar?.l 4xlact,7Grr’c aiia krtlcle
PI&n. &%ib4(1) oaatalns this adzorrition:
Hon. Glaude A. Viilll~s, page 5
limitations placed in Article'522lb can be re1s.d or chsnged-
only by the Legiislaturc of Texas. Section 1 of Article 5221b,
supra, provides statu<ory ?eSulations of amounts payable, the
duration of payment aud hour becefits shall be paid. It fixes
a naximm and a minimum that t?ay be paid fror. the Texas benefit
account.
Article 6221b, Section 3 (e), provides that an Individual shall be disqualified for benefits if he is recoiv-
ing or has received rewncration on:
"(1) %ges in lieu of ,noticel "(2) Compensation for temporary partial dis- ability, temporary total disability or total and pernauent disabil.ity under the 'r~orkmnqs Conpensa- tlon law of any State or under a similar law of the United States;
,' "(3) Old Age Benefits imder Title. II of the Social SecurityAct as mendsd, or similar payrmnts under any hot of Congress, or a St&a Legislature,. or en;ployer pension'plan, provided, that if such remmeration is less than the benefits which would otherviise be due under this Act, he shall be e&titled to receive for'such benefit period, if'otherruisa eligible, benefit~~reduceB by tha amount of such re.mneration.* ., This lbitation discloses that the Legislature did not intend that benefits be paid if the applicent was receiving
or had reoeived remxiaration from SOW other named source dur-
lng his unemployment. The statute eliminates wages in lieu
of notice, all dfsnbility insurance, employer pension plan,
old age benefits or similar payments under any Act of Congress.
Xe believe that s;ai‘or ~Displncei~ nt Grant is within'the prohibition
of Section 3 (e)(3), and that payment of benefits under
Article 5221b would be limited by the terms.of (e)(3).
The Legislature of this State through the Texas Unem- ployment Compensation Conx~ission has no povjer to limit the
amount of ?isr Displacement benefits in this stats, but,it rruet
distribute the benefits payable under the Texss Unem~!loymont
Act as provided in,our lnwl
”