Opinion

United States Steel Corp. v. Unemployment Compensation Board of Review

817 A.2d 1251
2003 Pa. Commw. LEXIS 110

Court: Commonwealth Court of Pennsylvania
Filed: Mar 6, 2003
Status: Published
Author: Colins
On the bench: Cohn, Colins, Leadbetter, Leavitt, Pellegrini, Ribner, Simpson, Smith
Cited by: 2 cases
Authority: More cited than 19.5%

The opinion

DISSENTING OPINION BY

President Judge COLINS.

I dissent. The record reflects that during settlement negotiations the employees waived their scheduled COLA in exchange *1265 for a wage increase and a lump sum payment into their pension fund. Forbearance equals consideration; therefore, the employees contributed to the pension plan within the meaning of Section 404(d)(2) of the law. The Board as the ultimate fact finder so found, and the Board properly applied Ehman v. Unemployment Compensation Board of Review, 776 A.2d 1031 (Pa.Cmwlth.), petition for allowance of appeal denied, 567 Pa. 767 , 790 A.2d 1020 (2001), which decided The issue.

Accordingly, I would affirm the Board.

Judge SMITH-RIBNER joins in this dissent.

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