1. A. A worker who has no alternative to retiring or leaving employment to accept a pension, because of a requirement imposed by the worker’s employer or a collective bargaining agreement, is discharged for nondisqualifying reasons when:

   1. 1. The collective bargaining agreement under which the worker is employed mandates the worker’s retirement at a specified age,
   2. 2. The employer has a rule mandating retirement at a specified age, or
   3. 3. The employer notifies the worker that the worker has no choice but to accept retirement.
2. B. The Department shall determine the employer’s chargeability for benefits in accordance with A.R.S. § 23-727 and A.A.C. R6-3-1708.

Historical Note

Former Rule number Misconduct 345. Former Rule repealed, new Section R6-3-51345 adopted effective January 24, 1977 (Supp. 77-1). Amended effective July 22, 1997 (Supp. 97-3).