Zimmerman v. UN. COMP. BD. OF REV.

Dissenting Opinion by

Judge Palladino:

I respectfully dissent.

The question of whether a retirement becomes an involuntary termination when a retiree, retiring with full pension benefits, attempts to rescind her retirement in order to remain eligible for Employer provided economic benefits has not previously been addressed by this Court. I strongly disagree with the majority’s suggested resolution of this question.

In the instant case, the Unemployment Compensation Board of Review (Board) affirmed the decision of a referee concluding that Eleanor Zimmerman (Claimant) voluntarily terminated her…