In re the Claim of Mazzia

Appellate Division of the Supreme Court of New York

In re the Claim of Mazzia

265 A.D.2d 791, 697 N.Y.S.2d 192, 1999 N.Y. App. Div. LEXIS 10945

Appellate Division of the Supreme Court of the State of New York·Decided October 28, 1999·Published

Opinion

—Ap[792]*792peal from a decision of the Unemployment Insurance Appeal Board, filed July 23, 1998, which, inter alia, ruled that claimant’s benefit rate should be reduced.

Claimant contributed 7% of his salary toward his pension fund for a total contribution of $68,304. The record establishes that the employer, who matched claimant’s pension contributions, is required to make additional pension contributions as necessary to maintain a fixed amount of pension benefits. The Unemployment Insurance Appeal Board reduced claimant’s weekly unemployment insurance benefit rate pursuant to Labor Law § 600 (7) on the ground that claimant contributed less than 50% to his pension fund and charged claimant with a recoverable overpayment of benefits. We affirm. Given claimant’s life expectancy and the present actuarial value of his pension, calculated to be $543,309, claimant’s contribution to his pension fund amounted to 12.5%. Accordingly, substantial evidence supports the Board’s decision that the employer contributed over one half of the actuarial value of his pension warranting a reduction in unemployment insurance benefit payments (see, Matter of Licciardello [Commissioner of Labor], 255 AD2d 850; Matter of Davis [Commissioner of Labor], 253 AD2d 968).

Crew III, J. P., Spain, Carpinello, Graffeo and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.

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—Ap[792]*792peal from a decision of the Unemployment Insurance Appeal Board, filed July 23, 1998, which, inter alia, ruled that claimant’s benefit rate should be reduced.

Claimant contributed 7% of his salary toward his pension fund for a total contribution of $68,304. The record establishes that the employer, who matched claimant’s pension contributions, is required to make additional pension contributions as necessary to maintain a fixed amount of pension benefits. The Unemployment Insurance Appeal Board reduced claimant’s weekly unemployment insurance benefit rate pursuant to Labor Law § 600 (7) on the ground that claimant contributed less than 50% to his pension fund and charged claimant with a recoverable overpayment of benefits. We affirm. Given claimant’s life expectancy and the present actuarial value of his pension, calculated to be $543,309, claimant’s contribution to his pension fund amounted to 12.5%. Accordingly, substantial evidence supports the Board’s decision that the employer contributed over one half of the actuarial value of his pension warranting a reduction in unemployment insurance benefit payments (see, Matter of Licciardello [Commissioner of Labor], 255 AD2d 850; Matter of Davis [Commissioner of Labor], 253 AD2d 968).

Crew III, J. P., Spain, Carpinello, Graffeo and Mugglin, JJ., concur. Ordered that the decision is affirmed, without costs.

In re the Claim of Mazzia, 265 A.D.2d 791, 697 N.Y.S.2d 192, 1999 N.Y. App. Div. LEXIS 10945 (N.Y. Ct. App. 1999).

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Opinion

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