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RIVERA v. PATINO

No. C-80-3469 RFP.

524 F.Supp. 136 (1981)

Michael RIVERA, Peter Nevarez, on behalf of themselves and all others similarly situated, Plaintiffs, v. Douglas X. PATINO, individually and in his capacity as Director of California Employment Department, and F. Ray Marshall, individually and in his capacity as Commissioner of the IRS, Defendants.

United States District Court, N. D. California.

As Amended July 15, 1981.

Attorney(s) appearing for the Case

Robert E. Taren, James Rumble, Senior Citizens' Legal Services, Santa Cruz, Cal., for plaintiffs.

Mark C. Rutzick, Peter W. Waldmeir, Attys., Dept. of Justice, Washington, D. C., for federal defendant.

Asher Rubin, Deputy Atty. Gen. for State of Cal., San Francisco, Cal., for state defendant.

MEMORANDUM AND ORDER

PECKHAM, Chief Judge.

This case involves the statutory reduction of unemployment benefits by recently-enacted pension offset provisions. The newly-enacted state and federal provisions require that certain pensions be offset dollar-for-dollar against unemployment insurance benefits for which the pensioner would otherwise be eligible. Thus, a worker who accrued a pension at one job, retired, found

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