Koontz v. Ameritech Services, Inc

645 N.W.2d 34, 466 Mich. 304
Michigan Supreme Court·Decided June 12, 2002·No. Docket 116366·Published·Cited by 295 cases

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] Appeals 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] but 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] not 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.3 The dissenting member concluded that MCL 421.27(f) did not require coordination of plaintiffs weekly benefit amount.

The circuit court affirmed the Board of Review’s decision. The Court of Appeals then granted leave to appeal4 and reversed the circuit court order. 239 Mich App 34; 607 NW2d 395 (1999). It held that another subsection, MCL 421.27(f)(5), governed and did not require coordination of benefits. Alternatively, the court stated in dictum that even if MCL 421.27(f)(1) applied, coordination was not required because 1) plaintiff had not received a “retirement benefit” within the meaning of MCL 421.27(f)(4), and 2) the phrase “receive or will receive” in MCL 421.27(f)(1) does not include the direct rollover of a pension fund to an IRA.

II. STANDARD OF REVIEW

This case requires us to ascertain the meaning and proper application of MCL 421.27. Issues of statutory interpretation are questions of law that we review de novo. Oade v Jackson Nat’l Life Ins Co, 465 Mich 244, 250; 632 NW2d 126 (2001); Donajkowski v Alpena Power Co, 460 Mich 243, 248; 596 NW2d 574 (1999).

[310] III. RELEVANT STATUTES

MCL 421.27(f)(1) has existed in essentially the same form since 1954 PA 197. It states:

[Notwithstanding any inconsistent provisions of this act, the weekly benefit rate of each individual who is receiving or will receive a “retirement benefit,” as defined in [MCL 421.27(f)(4)], shall be adjusted as provided in subparagraphs (a) . . . . However, an individual’s extended benefit account and an individual’s weekly extended benefit rate under [MCL 421.64] shall be established without reduction under this subsection unless [MCL 421.27(f)(5)] is in effect
(a) If and to the extent that unemployment benefits payable under this act would be chargeable to an employer who has contributed to the financing of a retirement plan under which the claimant is receiving or will receive a retirement benefit yielding a pro rata weekly amount equal to or larger than the claimant’s weekly benefit rate as otherwise established under this act, the claimant shall not receive unemployment benefits that would be chargeable to the employer under this act.

MCL 421.27(f)(1) thus requires an offset in unemployment compensation for retirement benefits if the employer charged with unemployment benefits funded the retirement plan. This type of reduction is known as “narrow coordination.”

Free access — add to your briefcase to read the full text and ask questions with AI

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

645 N.W.2d 34 (Koontz v. Ameritech Services, Inc) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Marcin Wolski v. Lauren Cartwright
Michigan Court of Appeals, 2025
20240215_C366503_39_366503.Opn.Pdf
Michigan Court of Appeals, 2024
Steven R Gentry v. Charter Township of Clinton
Michigan Court of Appeals, 2023
Roderick D Black v. Lisa Cook
Michigan Court of Appeals, 2023
Dennis O'Connor v. State of Michigan
Michigan Court of Appeals, 2023
20230112_C360488_37_360488.Opn.Pdf
Michigan Court of Appeals, 2023
People of Michigan v. Alexan Armen Korkigian
Michigan Court of Appeals, 2020
Rico Zenti v. City of Marquette
Michigan Court of Appeals, 2019
Matthew T Thiel v. David L Goyings
Michigan Supreme Court, 2019
Troy 888 LLC v. Summit Wilshire LLC
Michigan Court of Appeals, 2018
Carol B Alberti v. Sunbay Real Estate Inc
Michigan Court of Appeals, 2018
in the Matter of Rhea Brody Living Trust
Michigan Court of Appeals, 2018
King v. Nash (In Re Estate of Erwin)
921 N.W.2d 308 (Michigan Supreme Court, 2018)
Rolondo Campbell v. U-Win Properties LLC
Michigan Court of Appeals, 2017
in Re Coats Estate
Michigan Court of Appeals, 2017
Joshua Wade v. University of Michigan
Michigan Court of Appeals, 2017
People v. Hall
880 N.W.2d 785 (Michigan Supreme Court, 2016)
Lyle Schmidt Farm LLC v. Township of Mendon
315 Mich. App. 824 (Michigan Court of Appeals, 2016)