Legal Opinion

In re the Claim of Lemke

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

Decided October 23, 1997PublishedCited by 1 opinion

1Opinion of the Court

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 31, 1996, which ruled that claimant’s unemployment insurance benefit rate should be reduced to zero.

Claimant contributed 7% of the salary he earned as a Federal government employee to a pension fund, an amount which was matched or exceeded by his employer. When claimant’s employment ended after 36 years, he began to receive monthly pension payments in excess of $4,000. The Unemployment Insurance Appeal Board ruled that claimant’s benefit rate was subject to reduction by the amount of his pension payments, thereby…

2Cases cited3 opinions

  1. In re the Claim of FavoritoAppellate Division of the Supreme Court of the State of New York · 1993
  2. Claim of Mareno v. RobertsAppellate Division of the Supreme Court of the State of New York · 1985
  3. In re the Claim of D'AngeloAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by1 opinion

  1. In re the Claim of DavisAppellate Division of the Supreme Court of the State of New York · 1998

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