In re the Claim of Burger

Appeal from a decision of the Unemployment Insurance Ap*1074peal Board, filed May 29, 2012, which, among other things, reduced claimant’s benefit rate pursuant to Labor Law § 600 (7).

Claimant, a driver for a retail supermarket chain for over 30 years, was laid off in March 2010 and, thereafter, sought unemployment insurance benefits. Notably, when he applied for benefits, claimant duly informed the Department of Labor concerning his anticipated receipt of pension benefits, which he began to receive in June 2010 in the monthly amount of $2,941,66. Thereafter, claimant was given notice that, due to…