Legal Opinion

In re the Claim of Simko

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 1975PublishedCited by 1 opinion

1Opinion of the Court

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 10, 1974, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner reducing claimant’s benefit rate from $95 to zero per week, pursuant to section 600 of the Labor Law. Claimant, a Federal postal employee, was mandatorily retired at age 70 with a monthly pension of $993. Where the employer contributes more than one half, but less than 100% to the plan, claimant’s benefit rate is reduced by one half the prorated weekly amount of his pension. (Labor Law, § 600,…

2Cases cited2 opinions

  1. Matter of JacksonNew York Court of Appeals · 1967
  2. Claim of Jackson v. CatherwoodAppellate Division of the Supreme Court of the State of New York · 1965

3Cited by1 opinion

  1. In re the Claim of KiernanAppellate Division of the Supreme Court of the State of New York · 1978

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