MATTER OF SIMKO


50 A.D.2d 1004 (1975)

In the Matter of the Claim of John Simko, Appellant. Louis L. Levine, as Industrial Commissioner, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 18, 1975


Claimant, a Federal postal employee, was mandatorily retired at age 70 with a monthly pension of $993. Where the employer contributes more than one half, but less than 100% to the plan, claimant's benefit rate is reduced by one half the prorated weekly amount of his pension. (Labor Law, § 600, subd 3.) Claimant contends that the employer contributed less than one half. His total contribution to the retirement annuity was $13,247 which would be exhausted in approximately...

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