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