IN RE: the Claim of Frank G. JOHNSON (1998)

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 10, 1998, which, inter alia, reduced claimant's weekly unemployment insurance benefit rate to zero.

The Unemployment Insurance Appeal Board ruled that Labor Law § 600(7) required a reduction in claimant's benefit rate reflecting his receipt of payments from his military pension.   Claimant also was charged with a recoverable overpayment of benefits.   We affirm.   Substantial evidence supports the finding that claimant's Federal pension fund was 100% funded by the employer, thereby triggering the statutory reduction in benefit payments (see, Matter of Levin [Sweeney], 244 A.D.2d 642, 665 N.Y.S.2d 356;  Matter of Chriscaden [Sweeney], 232 A.D.2d 803, 649 N.Y.S.2d 345;  see also, Matter of Manheim [Levine], 49 A.D.2d 986, 375 N.Y.S.2d 35).   Finally, although claimant also maintains that he is entitled to unemployment insurance benefits for the month between his retirement and the commencement of his pension payments, we note that the employer's representative testified that the pension payments covered this time period despite the lag in payment.   The remaining contentions advanced by claimant have been reviewed and found to be unpersuasive.

ORDERED that the decision is affirmed, without costs.

MEMORANDUM DECISION.