Unemployment Compensation Board of Review v. Goldstein

349 A.2d 824, 23 Pa. Commw. 11, 1976 Pa. Commw. LEXIS 801

• Court: Commonwealth Court of Pennsylvania
• Decided: January 15, 1976
• Docket: Appeal, No. 328 C.D. 1975
• Status: Published

Opinion

Opinion by

Judge Rogers,

The sole question in this case is whether the retirement pension benefits paid to the appellant, a former employe of the Internal Revenue Service, are to be oifset against unemployment compensation benefits pursuant to Section 404(d) (iii) of the Unemployment Compensation Law, Act of December 5, 1936, Second Ex. Sess., P.L. (1937) 2897, as amended, 43 P.S. §804(d) (iii). We have repeatedly held that they are: Unemployment Compensation Board of Review v. Charles E. Leib, 20 Pa. Commonwealth Ct. 206, 340 A.2d 927 (1975); Etter v. Unemployment Compensation Board of Review, 12 Pa. Commonwealth Ct. 642, 316 A.2d 659 (1974) ; Ettelson v. Unemployment Compensation Board of Review, 12 Pa. Commonwealth Ct. 617, 316 A.2d 661 (1974). The Supreme Court of Pennsylvania has denied petitions for allocatur in Etter and Leib.

Order

And now, this 15th day of January, 1976, it is ordered that the instant appeal be and it is dismissed, and the decision of the Unemployment Compensation Board of Review be and it is affirmed.

Judge Blatt dissents.