P O BOX 8126, MADISON, WI 53708-8126 (608/266-9850)


Hearing No. 01201395EC

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.


The decision of the administrative law judge is affirmed. Accordingly, as of week 34 of 2001, benefits otherwise payable for any week of partial or total unemployment are reduced by $388.24.

Dated and mailed November 20, 2001
olssoho . usd : 145 : 3   UW 980

/s/ David B. Falstad, Chairman

/s/ James A. Rutkowski, Commissioner


In his petition for commission review the employee asserts that that portion of the statute relating to social security or the railroad retirement act does not apply to him. The commission agrees. The employee states that there is no need to prorate the pension in question because it has to be reduced by that amount financed by a base period employer. The employee then sent with his petition a statement from the Pension Fund dated May 31, 1991. He notes that the employers in question are not named. However, the employee specifically testified at the hearing that the employers he worked for during his base period did contribute during his base period. The law states that if no portion of a pension payment is funded by the claimant's contributions, the department shall reduce the claimant's benefits by the pension amount if the claimant has base period wages from the employer from which the pension is received and the claimant has performed work for that employer. The law does not provide for isolation of the pension contributions by the employers the claimant has worked for during his base period. The only requirements are that the claimant has not contributed to the pension and that the claimant has worked for the base period employer. He must also have performed work that affirmatively affected his eligibility for the pension or increased its amount. The department's interpretation is reasonable and of longstanding and therefore the commission affirms the decision of the ALJ.


Appealed to Circuit Court. Affirmed July 31, 2002.  [Circuit Court decision summary]

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uploaded 2001/11/26