Opinion
File No. 22215
The plaintiff, who had been paid unemployment benefits in a prior benefit year, claimed further benefits under the statute (§ 2316c) permitting them in such a case if more than $150 in wages had been received since the commencement of the prior benefit year. Since the $198 the plaintiff had received was vacation pay, that is, not wages but compensation for loss of wages, his claim was denied.
Memorandum filed April 25, 1955.
Memorandum of decision in appeal from an unemployment compensation award. Appeal sustained.
No appearance for the plaintiff.
John J. Bracken, attorney general, and Harry Silverstone, assistant attorney general, of Hartford, for the defendant.
The defendant administrator has appealed from an award by the unemployment commissioner for the fifth district. The plaintiff was pensioned on February 25, 1954, by his employer and has been receiving a pension since then. He received unemployment benefits from February 28, 1954, to October 2, 1954, except for two weeks in July when he received vacation pay that had accrued to him prior to being pensioned. On January 15, 1955, he filed for additional unemployment benefits in a new benefit year. The commissioner concluded that the $198 he received as vacation pay in July, 1954, was wages paid during the prior benefit year, and as it exceeded $150, the disqualification under § 2316c of the 1953 Cumulative Supplement to the General Statutes did not operate to deprive him of benefits in the current year. He has not been employed, nor done any work to earn compensation since his retirement on pension.