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JOSEPH B. BOYLE v. COMMONWEALTH PENNSYLVANIA (12/11/89)

decided: December 11, 1989.

JOSEPH B. BOYLE, PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA, UNEMPLOYMENT COMPENSATION BOARD OF REVIEW, RESPONDENT



Appeal from PETITION FOR REVIEW, (UNEMPLOY. COMPENSATION).

COUNSEL

Joseph B. Boyle, pro se.

Maribeth Wilt-Seibert, Asst. Counsel, with her, Clifford F. Blaze, Deputy Chief Counsel, for respondent.

Crumlish, Jr., President Judge, Colins, J., Narick, Senior Judge.

Author: Narick

[ 130 Pa. Commw. Page 34]

OPINION

Joseph B. Boyle (Claimant) has appealed from an order of the Unemployment Compensation Board of Review (Board). The Board affirmed the prior decisions of the Office of Employment Security and a referee, concluding that Claimant was ineligible for unemployment compensation benefits under Section 404(d)(2) of the Unemployment Compensation Law (Law)*fn1 because 50% of his prorated retirement pension amount exceeded his weekly benefit rate. We affirm.

The Board found the following pertinent facts. Claimant was employed by the City of Philadelphia for 34 years prior to his retirement on December 31, 1988. Claimant filed for benefits effective January 1, 1989 and would have been entitled to a weekly benefit amount of $266.00. The amount of Claimant's retirement pension is $2,875.79 per month, or $664.00 per week (rounded). Claimant's pension is based upon services he performed for a base year and chargeable employer, and he made contributions to the pension plan.

Our scope of review on appeal is narrow: we must affirm unless we determine that the factual findings are not supported by substantial evidence, or that there has been an error of law committed or a violation of constitutional rights. Section 704 of the Administrative Agency Law, 2 Pa.C.S. § 704; Kirkwood v. Unemployment Compensation Board of Review, 106 Pa. Commonwealth Ct. 92, 525 A.2d 841 (1987).

Section 404(d)(2) of the Law provides, in pertinent part:

(2)(i) In addition to the deductions provided for in clause (1), for any week with respect to which an individual is receiving a pension, including a governmental or

[ 130 Pa. Commw. Page 35]

    other pension, retirement or retired pay, annuity or any other similar periodic payment, under a plan maintained or contributed to by a base period or chargeable employer, the weekly benefit amount payable to such individual for such week shall be reduced, but not below zero, by ...


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