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EDWARD W. MAHLAND v. COMMONWEALTH PENNSYLVANIA (06/19/84)

decided: June 19, 1984.

EDWARD W. MAHLAND, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from the Order of the Unemployment Compensation Board of Review in case of In re: Claim of Edward W. Mahland, No. B-201331.

COUNSEL

Edward W. Mahland, petitioner, for himself.

Charles G. Hasson, Acting Deputy Chief Counsel, with him, Richard L. Cole, Jr., Chief Counsel, for respondent.

Judges Rogers, Colins and Barbieri, sitting as a panel of three. Opinion by Judge Barbieri. Judge Colins dissents.

Author: Barbieri

[ 83 Pa. Commw. Page 302]

The claimant, Edward W. Mahland, appeals from an order of the Unemployment Compensation Board of Review (Board), which found him ineligible to receive unemployment benefits under Section 404(d)(iii) of the Unemployment Compensation Law (Law)*fn1

[ 83 Pa. Commw. Page 303]

    due to his receipt of certain monies which exceeded his weekly benefit amount. We affirm.

For the purposes of this appeal, the claimant was last employed as an electrical engineer by the Radio Corporation of America (RCA) until May 31, 1981.*fn2 At the time of the claimant's separation, he elected to receive his pension entitlement from RCA in a lumpsum of $135,156.22 in lieu of receiving monthly pension benefits. Additionally, the claimant became eligible to receive monthly social security benefits in the amount of $483.40. The claimant's application for unemployment benefits was denied by the Office of Employment Security (OES) pursuant to Section 404(d)(iii) of the Law upon the basis that the combination of the claimant's social security and pension benefits, allocated weekly, exceeded the weekly benefit amount the claimant was entitled to under the Law, $175 per week. The relevant findings of the Board are

3. The claimant filed an application for unemployment compensation benefits with an effective date of May 31, 1981; and established entitlement to $175.00 in weekly benefits, with his total benefit entitlement being $5,250.00.

4. Effective June 1, 1981, claimant elected the option of taking his pension in a lump sum of $135,156.22, instead of receiving a monthly pension in the amount of $1,079.67, which is equivalent to $241.45 per week.

5. Effective June 1, 1981, claimant became eligible for a monthly Social Security Pension in the amount of $483.00, which ...


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