STATE OF WISCONSIN
LABOR AND INDUSTRY REVIEW COMMISSION
P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)
JOHN F PUTZ, Employee
WISCONSIN BELL INC, Employer
UNEMPLOYMENT INSURANCE DECISION
Hearing No. 01606506MW
An administrative law judge (ALJ) for the Division of Unemployment Insurance of
the Department of Workforce Development issued a decision in this matter. A
timely petition for review was filed.
The commission has considered the petition and the positions of the parties, and it
has reviewed the evidence submitted to the ALJ. Based on its review, the
commission agrees with the decision of the ALJ, and it adopts the findings and
conclusion in that decision as its own.
DECISION
The decision of the administrative law judge is affirmed. Accordingly, as of
week 22 of 2001, the retirement payment is not treated as a pension for
unemployment insurance purposes.
Dated and mailed October 23, 2001
putzjo . usd : 135 : 3 UW 980
/s/ David B. Falstad, Chairman
/s/ James A. Rutkowski, Commissioner
MEMORANDUM OPINION
The employer argues that because the employee's pension/retirement plan is
100 percent employer funded and the employee elected to receive a lump sum
payment under that plan his employment benefits should be reduced pursuant to
Wis. Stat. § 108.05(7)(c). The employer's argument however discounts Wis.
Stat. § 108.05(7)(h) which permits a claimant to roll over a pension payment
within 60 days following receipt of the pension payment. This section further
provides that payment or any portion thereof affected by the rollover is not actually
or constructively received by the employee and therefore does not constitute
receiving a pension payment within the meaning of Wis. Stat. § 108.05(7).
Therefore, the employee's UI benefits cannot be reduced within the meaning of Wis.
Stat. § 108.05(7) as requested by the employer. Because the record supports a
finding that the employee rolled over his pension payment within the requisite 60
days, the appeal tribunal decision is affirmed.
cc:
James B. Schmidt
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uploaded 2001/10/29