Opinion
Argued December 18, 1981
January 11, 1982.
Argued December 18, 1981, before Judges MENCER, CRAIG and MacPHAIL, sitting as a panel of three.
Appeal, No. 2344 C.D. 1980, from the Order of the Unemployment Compensation Board of Review in the case of In Re: James H. McHugh, No. B-183619-B.
Application to the Office of Employment Security for unemployment compensation benefits. Application denied. Applicant appealed. Referee granted benefits. Employer appealed to the Unemployment Compensation Board of Review. Appeal sustained and benefits denied. Reargument ordered. Benefits awarded. Employer appealed to the Commonwealth Court of Pennsylvania. Held: Reversed.
Larry R. Crayne, for petitioner.
John Kupchinsky, Associate Counsel, with him Charles Donahue, Associate Counsel, and Richard L. Cole, Jr., Chief Counsel, for respondent.
In this appeal by an employer from a grant of unemployment compensation benefits, the question of law is whether the claimant had "cause of a necessitous and compelling nature" to retire voluntarily at age 65, rather than at the compulsory retirement age of 70, where, as the board found, his fringe benefits would be frozen at the level attained, so as not to increase further after age 65. We must reverse the decision.
Section 402(b)(1) of the Unemployment Compensation Law, Act of December 5, 1936, P.L. (1937) 2897, as amended, 43 P. S. § 802 (b)(1).
In Unemployment Compensation Board of Review v. Holohan, 20 Pa. Commw. 381, 341 A.2d 587 (1975), we held that even the elimination of some fringe benefits did not constitute compelling cause to terminate. In Duquesne Light Co. v. Unemployment Compensation Board of Review, 62 Pa. Commw. 252, 436 A.2d 257 (1981), a recent case involving another employee of the present employer who retired at almost the same time under like circumstances, as determined in similar board findings, we followed Holohan in reversing the allowance of benefits. This case is controlled by those two decisions.
ORDER
NOW, January 11, 1982, decision No. B-181795-B of the Unemployment Compensation Board of Review, dated June 23, 1980 in appeal No. B-79-8-I-652 is reversed and benefits are denied.
ORDER
NOW, January 18, 1982, our order dated January 11, 1982, in this case is hereby vacated and it is hereby ordered that:
Decision No. B-183619-B of the Unemployment Compensation Board of Review, dated September 30, 1980, in appeal No. B-79-7-K-547 is reversed and benefits are denied.
This decision was reached prior to the expiration of the term of office of Judge PALLADINO.