Earl H. Akins v. United States Railroad Retirement Board

CANBY, Circuit Judge:

Earl H. Akins seeks review of a decision of the United States Railroad Retirement Board denying him unemployment benefits under the Railroad Unemployment Insurance Act, 45 U.S.C. §§ 351-67 (1976) (Act). Following his retirement from the Army, Akins began working for the Burlington Northern Railroad. Two years later, his employer reduced his hours and ultimately furloughed him. Akins then applied for benefits under the Act. The Board held that Akins’s military retirement pay was a form of “social-insurance payment” within the meaning of section 4(a-l)(ii) of the Act, 45…