Duquesne Light Co. v. Commonwealth

Opinion by

Judge Craig,

In this appeal by an employer from a grant of unemployment compensation benefits, the question of law is whether the claimant had “cause of a necessitous and compelling nature”1 to retire voluntarily at age 65, rather than at the compulsory retirement age of 70, where, as the board found, his fringe benefits would be frozen at the level attained, so as not to increase further after age 65. We must reverse the decision.

In Unemployment Compensation Board of Review v. Holohan, 20 Pa. Commonwealth Ct. 381, 341 A.2d 587 (1975), we held that even the elimination of some fringe…