MATTER OF GERMAIN


220 A.D.2d 918 (1995)

632 N.Y.S.2d 327

In the Matter of the Claim of Bernard P. Germain, Jr., Appellant. John E. Sweeney, as Commissioner of Labor, Respondent

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

October 19, 1995


After being laid off from his job as an iron worker, claimant received $2,100 per month from a union pension fund. The Board found claimant ineligible for unemployment insurance benefits because he received employer-funded pension benefits which exceeded his benefit rate. Claimant argues that he contributed to his pension by working and that, therefore, he should not be deemed ineligible to receive benefits. Inasmuch as the evidence established that claimant's employer made...

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