IN RE: the Claim of William F. MAZZIA

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Supreme Court, Appellate Division, Third Department, New York.

IN RE: the Claim of William F. MAZZIA, Appellant. Commissioner of Labor, Respondent.

Decided: October 28, 1999

Before:  CREW III, J.P., SPAIN, CARPINELLO, GRAFFEO and MUGGLIN, JJ. William F. Mazzia, Matawan, New Jersey, appellant in person. Eliot Spitzer, Attorney-General (Steven S. Park of counsel), New York City, for respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 23, 1998, which, inter alia, ruled that claimant's benefit rate should be reduced.

Claimant contributed 7% of his salary toward his pension fund for a total contribution of $68,304.   The record establishes that the employer, who matched claimant's pension contributions, is required to make additional pension contributions as necessary to maintain a fixed amount of pension benefits.   The Unemployment Insurance Appeal Board reduced claimant's weekly unemployment insurance benefit rate pursuant to Labor Law § 600(7) on the ground that claimant contributed less than 50% to his pension fund and charged claimant with a recoverable overpayment of benefits.   We affirm.   Given claimant's life expectancy and the present actuarial value of his pension, calculated to be $543,309, claimant's contribution to his pension fund amounted to 12.5%. Accordingly, substantial evidence supports the Board's decision that the employer contributed over one half of the actuarial value of his pension warranting a reduction in unemployment insurance benefit payments (see, Matter of Licciardello [Commissioner of Labor], 255 A.D.2d 850, 680 N.Y.S.2d 324;  Matter of Davis [Commissioner of Labor], 253 A.D.2d 968, 678 N.Y.S.2d 157).

ORDERED that the decision is affirmed, without costs.


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