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UNITED STATES STEEL CORPORATION v. COMMONWEALTH PENNSYLVANIA UNEMPLOYMENT COMPENSATION BOARD REVIEW (11/21/73)

decided: November 21, 1973.

UNITED STATES STEEL CORPORATION, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, APPELLEE, AND WILLIAM MAROVICH, INTERVENING APPELLEE



Appeal from the Order of the Unemployment Compensation Board of Review in case of In Re: Claim of William Marovich, No. B-114655.

COUNSEL

James T. Carney, for appellant.

Sydney Reuben, Assistant Attorney General, for appellee.

Richard F. Kronz, with him Anthony P. Bartiromo and Lichtenstein & Bartiromo, for intervening appellee.

Judges Crumlish, Jr., Mencer and Blatt, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 10 Pa. Commw. Page 554]

This is an appeal by the United States Steel Corporation (Employer) from a decision and order of the Unemployment Compensation Board of Review (Board) holding that no part of a "special initial pension amount" ("special payment") paid to an employee who was involuntarily retired was to be offset against that employee's unemployment compensation benefits because such payment constituted severance pay.

William Marovich (Marovich) had been employed at Employer's Clairton Works for thirty-eight years before being forced to retire on August 31, 1971. He applied for and received retirement benefits under a

[ 10 Pa. Commw. Page 555]

    plan known as "70/80 retirement" pursuant to a "Pension Agreement" effective July 31, 1969, between Employer and the United Steelworkers of America (Union).

Under this plan Marovich received two types of payments. These are described in Section 3.1 of the 1969 agreement as follows:

"3. Amount of Pension

"3.1 Types of Pension ...


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