Opinion

Bitonti v. Unemployment Compensation Board of Review

  • 737 A.2d 1290
  • 1999 Pa. Commw. LEXIS 726
Court
Commonwealth Court of Pennsylvania
Filed
Sep 20, 1999
Status
Published
Author
McCloskey
On the bench
Doyle, McCloskey, Pellegrini
Cited by
1 cases

The opinion

McCLOSKEY, Senior Judge,

dissenting.

I respectfully dissent. The record indicates that James V. Bitonti (Claimant) did not contribute to the pension he received from the Pension Benefit Guarantee Corporation (PBGC). Absent contributions to a pension by an employee, the pension payments must be offset against a claimant’s unemployment compensation benefits. See Section 404(d)(2)(ii) of the Unemployment Compensation Law (Law). 1

I believe that the majority erred when it concluded that there were no grounds for a reduction in the calculation of Claimant’s benefits under Section 804(d)(2)(ii) of the *1293 Law. The PBGC was created to safeguard employee pensions and therefore stands in the place of the employer, not the employee; hence, I assert that the prorated weekly amount of the PBGC pension should have been deducted from Claim-ant’s weekly benefit amount.

. Act of December 5, 1936, Second Ex.Sess., P.L. (1937), 2897, as amended, 43 P.S. § 804(d)(2)(ii).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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