# Bitonti v. Unemployment Compensation Board of Review

> Commonwealth Court of Pennsylvania · September 20, 1999 · 737 A.2d 1290

URL: https://www.frixlaw.com/law-library/cases/4956761

## Case

- **Full name:** James V. BITONTI v. UNEMPLOYMENT COMPENSATION BOARD OF REVIEW
- **Court:** Commonwealth Court of Pennsylvania
- **Decided:** September 20, 1999
- **Citations:** 737 A.2d 1290; 1999 Pa. Commw. LEXIS 726
- **Precedential status:** Published
- **Opinion:** Dissent by McCloskey
- **Judges:** Doyle, McCloskey, Pellegrini
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4956761

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4956761. Public record. Not legal advice.