23-791. Benefits reduced by pension payment; definition
A. Except as provided in subsections B and C, the amount of benefits payable to an individual for any week that begins in a period with respect to which the individual is receiving or will receive a pension under a plan maintained or contributed to by a base-period employer of the individual shall be reduced by either:
1. The amount of the pension that is reasonably attributable to the week if the individual contributed less than forty-five per cent of the amount for the pension.
2. Forty-five per cent of the amount of the pension that is reasonably attributable to the week if the individual contributed at least forty-five per cent but less than one hundred per cent of the amount for the pension.
B. The amount of benefits payable to an individual for any week shall not be reduced by reason of the receipt of a pension if the services performed during the base period by the individual for the base-period employer or remuneration received for those services did not affect the individual's eligibility for nor increase the amount of the pension. The conditions specified by this subsection do not apply to pensions paid under the social security act or the railroad retirement act of 1974 or the corresponding provisions of prior law. Pensions paid under those acts shall be treated in the manner specified by subsection A.
C. Benefits shall not be reduced by the receipt of social security retirement in order to take into account contributions made by the individual for the pension.
D. For the purposes of this section, " pension" means a governmental or other pension, retirement or retired pay, annuity or other similar periodic payment that is based on the previous work of the individual.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.