STATE OF FLORIDA DEPARTMENT OF COMMERCE, DIVISION OF EMPLOYMENT SECURITY, PETITIONER,
v.
WILLIAM E. LONGE, RESPONDENT
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Florida's Department of Commerce prevailed in establishing that a person receiving retirement benefits exceeding unemployment compensation is ineligible for unemployment benefits in weeks where retirement benefits meet or exceed the unemployment compensation amount.
A person receiving retirement or pension benefits cannot receive unemployment compensation in any week in which retirement or pension benefits meet or exceed the unemployment compensation to which he would have been entitled.
[1] A person receiving retirement or pension benefits cannot receive unemployment compensation in any week in which the retirement or pension benefits meet or exceed the unem…
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Join FLexlaw to unlock all legal intelligenceLonge received retirement benefits from the state and applied for unemployment compensation. The appeals referee disallowed his benefits under Section…
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DAUKSCH, Judge.
For our review is an order of the Board of Review which vacated the orders of an appeals referee disallowing unemployment compensation benefits to Mr. Longe. We grant certiorari under the authority of Section 20.17(5)(7), Florida Statutes (1977).
In applying Section 443.06(8), Florida Statutes (1977), the appeals referee said Mr. Longe was not entitled to unemployment compensation because he was receiving retirement benefits from the state in excess of what he was allowed to receive in unemployment compensation. The Board of Review vacated that order saying Mr. Longe should be allowed to recoupe the amount he contributed to the retirement fund. As we held in City of Ft. Lauderdale v. Fowler, 355 So. 2d 159 (Fla. 4 DCA 1978); and as it was held in Fla. Dept. of Commerce v. Todd, 353 So. 2d 662 (Fla. 2 DCA 1978), we again hold that a person receiving retirement or pension benefits cannot receive unemployment compensation in any week in which his retirement or pension benefits meet or exceed the unemployment compensation to which he would have been entitled. Section 443.06(8), Florida Statutes (1977).
Petition for Writ of Certiorari is granted and the order of the Board of Review is quashed and the cause is remanded to the Board of Review with directions to affirm the order of the appeals referee.
ALDERMAN, C. J., and MOORE, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- City OF Fort Lauderdale v. Fowler, 355 So. 2d 159 (Fla. 4th DCA 1978)
- Smith v. State, 353 So. 2d 662 (Fla. 2d DCA 1977)