561 A.2d 80 | Pa. Commw. Ct. | 1989
Lead Opinion
OPINION
This case originally consisted of two unemployment compensation proceedings involving Westinghouse Electric Corporation (Westinghouse) which were consolidated for argument before this Court. A decision was filed by this Court and reported as Westinghouse Electric Corporation v. Unemployment Compensation Board of Review, — Pa. Commonwealth Ct. —, 549 A.2d 623 (1988). Subsequently this Court granted reargument of the prior decision and consolidated the argument with a third unemployment case in which Westinghouse is the employer and involving the same issue. The order granting reargument specifically instructed the parties to address the applicability of Czuba v. Unemployment Compensation Board of Review, 55 Pa.Commonwealth Ct. 231, 422 A.2d 1235 (1980), in their supplemental briefs.
Since the three cases are similar and since our earlier decision recites the facts of the first two cases, we will only recite the facts of the new case here. Claimant, Leonard Weisman, was employed by Westinghouse for twenty-seven
Our prior decision in this matter held that the retirement benefits paid to an employee separated from his employment due to a plant closing before he reaches retirement age are not to be deducted from unemployment compensation benefits received by him. The decision was based on the Board’s regulation, 34 Pa.Code § 65.103, which states that retirement payments made prior to retirement date because of a permanent and involuntary separation from employment shall not be deducted from unemployment benefits. We held that this regulation remained valid despite a 1980 amendment to the underlying statute
In Czuba employees younger than sixty-two years of age when a plant was shut down received regular retirement payments plus $300 per month supplemental payments. This Court held that the supplemental payments were de
ORDER
NOW, July 17, 1989, the order of this Court, dated October 27, 1988, at Docket No. 2697 C.D. 1987 and Docket No. 1398 C.D. 1988, is confirmed.
ORDER
NOW, July 17, 1989, the order of the Unemployment Compensation Board of Review, dated August 29, 1988, at No. B-266621-B, is affirmed.
. Section 404(d)(2)(iii) of the Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897, Second Ex.Sess., as amended, 43 P.S. § 804(d)(2)(iii).
Concurrence Opinion
concurring.
I concur with the majority’s disposition of this matter but write separately to express my disagreement with the reasoning expressed in the prior decision, and reiterated here, majority, slip op. at 81, that the 1980 amendment to Section 404(d)(2)(iii) did not purport to limit the Board’s ability to regulate the deduction of pension benefits from unemployment benefits.
In Latella v. Unemployment Compensation Board of Review, 74 Pa.Commonwealth Ct. 14, 459 A.2d 464 (1983), we held that Section 404(d)(2)(iii) was intended to eliminate payment of duplicative, windfall unemployment benefits to those who are receiving adequate wage replacement income.
While I agree that, in this instance, the Board regulations are consistent with the 1980 amendment, it is apparent that the legislature intended to expand the types of pension benefits which would offset unemployment compensation. To the extent that the majority’s language might be construed to mean that the 1980 amendment does not limit the Board’s ability to regulate “double-dipping” by one on a pension, I must dissociate myself from it.