In re the Claim of Simko

Appellate Division of the Supreme Court of New York

In re the Claim of Simko

50 A.D.2d 1004, 376 N.Y.S.2d 680, 1975 N.Y. App. Div. LEXIS 11981

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

DecidedDecember 18, 1975

StatusPublished

Cited by1 cases

This text of 50 A.D.2d 1004 (In re the Claim of Simko) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Claim of Simko, 50 A.D.2d 1004, 376 N.Y.S.2d 680, 1975 N.Y. App. Div. LEXIS 11981 (N.Y. Ct. App. 1975).

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Opinion

— Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 10, 1974, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner reducing claimant’s benefit rate from $95 to zero per week, pursuant to section 600 of the Labor Law. Claimant, a Federal postal employee, was mandatorily retired at age 70 with a monthly pension of $993. Where the employer contributes more than one half, but less than 100% to the plan, claimant’s benefit rate is reduced by one half the prorated weekly amount of his pension. (Labor Law, § 600, subd 3.) Claimant contends that the employer contributed less than one half. His total contribution to the retirement annuity was $13,247 which would be exhausted in approximately 15 months. Since his life expectancy is clearly more than 31 months (Cahill-Parsons NY Civ Prac, Vital Statistics, Spec Rep 10-17, 1973), the Federal employer will have contributed more than one half to the value of claimant’s annuity. The board, therefore, properly reduced claimant’s benefit rate to zero. (Cf. Matter of Jackson [Catherwood] 24 AD2d 1038, affd 20 NY2d 863.) Decision affirmed, without costs. Greenblott, J. P., Sweeney, Kane, Koreman and Main, JJ.; concur.

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— Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 10, 1974, which affirmed the decision of a referee sustaining an initial determination of the Industrial Commissioner reducing claimant’s benefit rate from $95 to zero per week, pursuant to section 600 of the Labor Law. Claimant, a Federal postal employee, was mandatorily retired at age 70 with a monthly pension of $993. Where the employer contributes more than one half, but less than 100% to the plan, claimant’s benefit rate is reduced by one half the prorated weekly amount of his pension. (Labor Law, § 600, subd 3.) Claimant contends that the employer contributed less than one half. His total contribution to the retirement annuity was $13,247 which would be exhausted in approximately 15 months. Since his life expectancy is clearly more than 31 months (Cahill-Parsons NY Civ Prac, Vital Statistics, Spec Rep 10-17, 1973), the Federal employer will have contributed more than one half to the value of claimant’s annuity. The board, therefore, properly reduced claimant’s benefit rate to zero. (Cf. Matter of Jackson [Catherwood] 24 AD2d 1038, affd 20 NY2d 863.) Decision affirmed, without costs. Greenblott, J. P., Sweeney, Kane, Koreman and Main, JJ.; concur.

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Bluebook (online)

50 A.D.2d 1004, 376 N.Y.S.2d 680, 1975 N.Y. App. Div. LEXIS 11981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-claim-of-simko-nyappdiv-1975.

Opinion

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