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VAN BUREN SHARPE v. COMMONWEALTH PENNSYLVANIA (09/21/77)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: September 21, 1977.

VAN BUREN SHARPE, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT. (2 CASES)

Appeals from the Orders of the Unemployment Compensation Board of Review in cases of In Re: Claim of Van Buren Sharpe, Nos. B-132819 and 132820.

COUNSEL

Mark B. Segal, for appellant.

Daniel R. Schuckers, Assistant Attorney General, with him Sydney Reuben, Assistant Attorney General, and Robert P. Kane, Attorney General, for appellee.

Jonathan Vipond, III, for intervenor.

Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Judge Kramer did not participate in the decision. Opinion by Judge Mencer. Judge Kramer did not participate in the decision in this case.

Author: Mencer

[ 32 Pa. Commw. Page 11]

When Van Buren Sharpe's disability retirement pension from his former employer, the United States Post Office, was increased to the point that his weekly retirement disability benefits exceeded by more than $40 his unemployment compensation benefit rate, the Bureau of Employment Security (Board) determined that he was no longer eligible for unemployment compensation. The determination was made pursuant to Section 404(d)(iii) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. ยง 804(d)(iii), and it was affirmed by a referee and the Unemployment Compensation Board of Review.

[ 32 Pa. Commw. Page 12]

By timely appeal to this Court,*fn1 Sharpe has again raised the question of whether retirement benefits paid by a public employer are to be offset against unemployment compensation pursuant to the law as it existed between 1974 and 1976.*fn2

In Unemployment Compensation Board of Review v. Goldstein, 23 Pa. Commonwealth Ct. 11, 349 A.2d 824 (1976), Bonnani v. Unemployment Compensation Board of Review, 22 Pa. Commonwealth Ct. 515, 349 A.2d 498 (1975), Unemployment Compensation Board of Review v. Leib, 20 Pa. Commonwealth Ct. 206, 340 A.2d 927, allocatur denied (1975), Etter v. Unemployment Compensation Board of Review, 12 Pa. Commonwealth Ct. 642, 316 A.2d 659, allocatur denied (1974), and Ettelson v. Unemployment Compensation Board of Review, 12 Pa. Commonwealth Ct. 617, 316 A.2d 661 (1974), we held that such payments are to be offset against unemployment compensation. We see no reason to hold otherwise now.

[ 32 Pa. Commw. Page 13]

Because of our holding on this issue, we need not address the other issue raised by Sharpe.*fn3

Order

And Now, this 21st day of September, 1977, the orders of the Unemployment Compensation Board of Review in the above captioned matters are hereby affirmed.

Judge Kramer did not participate in the decision in this case.

Disposition

Affirmed.


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