MISSISSIPPI EMP. SEC. COM'N v. GAINES

No. 89-CC-1030.

580 So.2d 1230 (1991)

MISSISSIPPI EMPLOYMENT SECURITY COMMISSION and United States Postal Service. v. Annell Gaines.

Supreme Court of Mississippi.

May 3, 1991.


Attorney(s) appearing for the Case

Jan Garrick, Pshon Barrett, Asst. U.S. Atty., George L. Phillips, U.S. Atty., Jackson, Sandra Walton Bowens, Memphis, Tenn., for appellant.

Leon Mangum, Decatur, for appellee.

Before DAN M. LEE, P.J., and McRAE and BANKS, JJ.


BANKS, Justice, for the Court:

Here we are faced with the question of whether the voluntary retirement of a person who remains available for suitable work disqualifies that person for unemployment benefits where the retirement is induced by the fact that the retirement benefits far exceeded her earnings from the two hours per week that she was permitted to work. Under the circumstances of this case we hold that it does.

I.

On October 13, 1988, the...

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