Koontz v. Ameritech Services, Inc

645 N.W.2d 34, 466 Mich. 304
CourtMichigan Supreme Court
DecidedJune 12, 2002
DocketDocket 116366
StatusPublished
Cited by295 cases

This text of 645 N.W.2d 34 (Koontz v. Ameritech Services, Inc) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Koontz v. Ameritech Services, Inc, 645 N.W.2d 34, 466 Mich. 304 (Mich. 2002).

Opinions

Corrigan, C.J.

This case requires that we interpret a statute directing coordination of unemployment benefits with pension benefits. Plaintiff received a lump-sum pension payment under an employer-funded retirement plan. When plaintiff sought unemployment compensation, the Unemployment Agency1 coordinated her weekly benefits with her prorated weekly amount of pension payments (i.e., the amount of pension benefits plaintiff would have received weekly had she not opted for a lump-sum payment). The ensuing reduction rendered plaintiff ineligible to receive any unemployment benefits. The Employment Security Board of Review and the circuit court upheld the reduction. The Court of Appeals reversed and held that coordination was not required.

We hold that the governing statute, MCL 421.27(f)(1), mandates coordination of plaintiff’s unemployment benefits with her pension benefits. We therefore reverse the judgment of the Court of [307]*307Appeals and reinstate the decision of the Board of Review and the judgment of the circuit court.

I. UNDERLYING FACTS AND PROCEDURAL HISTORY

Plaintiff began working for Ameritech in its Traverse City office in 1965. Thirty years later, Ameritech closed its Traverse City office and offered to continue plaintiffs employment in another office. She declined, electing instead to retire. Ameritech’s retirement incentive program entitled plaintiff to a $1,052.95 monthly pension allowance, which Ameritech fully funded. In lieu of monthly payments, however, plaintiff elected to receive her pension in a lump-sum in the amount of $185,711.55. Plaintiff also chose to transfer the lump-sum directly into her individual retirement account (IRA).

Plaintiff then applied for unemployment compensation. Ameritech argued in response to plaintiffs application that MCL 421.27(f) of the Michigan Employment Security Act, MCL 421.1 et seq., allowed coordination of plaintiff’s unemployment benefits with the amount of pension payments plaintiff would have received if she had elected the monthly payment option. The Unemployment Agency agreed and directed coordination under MCL 421.27(f). This coordination resulted in a reduction in plaintiff’s unemployment benefits in the amount of $243 weekly, rendering her ineligible to receive any unemployment benefits.2 Plaintiff timely protested this determination, [308]*308but the Unemployment Agency upheld its decision on redetermination.

Plaintiff thereafter appealed the redetermination. A referee reversed the decision of the Unemployment Agency on the ground that neither MCL 421.27(f)(1) nor (5) required coordination since plaintiff had transferred the pension funds directly into her ira and thus had not “received” the funds within the meaning of the act. The referee relied on the Unemployment Agency’s Revised Benefit Interpretation No. 20.641, which indicates that an employee who rolls a pension amount over into an IRA does not incur immediate income tax liability because the Internal Revenue Service does not consider the payment “received” for income tax purposes.

Ameritech appealed the referee’s decision to the Michigan Employment Security Board of Review, which reinstated the Unemployment Agency’s determination in a split decision. The Board of Review ruled that the taxability of plaintiff’s pension benefit did not affect the operation of MCL 421.27(f) and that the lump-sum distribution was a “retirement benefit” under the plain language of the act. Accordingly, the board concluded that coordination was required under MCL 421.27(f)(1)(a).

One member of the Board of Review dissented, finding that plaintiff did not receive a retirement benefit because the lump-sum distribution had been rolled over into an ira. The dissenting member relied on Revised Benefit Interpretation No. 20.641 and the United States Department of Labor’s (USDOL) Unemployment Insurance Program Letter No. 22-97. The USDOL Letter No. 22-97 stated that pension amounts rolled over into an IRA within sixty days of receipt are [309]*309not gross income for purposes of federal income taxation and thus are not “received” for purposes of 26 USC 3304(a)(15)(A) of the Federal Unemployment Tax Act (futa), 26 USC 3301 et seq.

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Cite This Page — Counsel Stack

Bluebook (online)
645 N.W.2d 34, 466 Mich. 304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koontz-v-ameritech-services-inc-mich-2002.