(Download) "Mckean-Coffman v. Employment Division" by Commonwealth Court of Pennsylvania ~ eBook PDF Kindle ePub Free
eBook details
- Title: Mckean-Coffman v. Employment Division
- Author : Commonwealth Court of Pennsylvania
- Release Date : January 03, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This case involves a question of statutory construction. Marcia McKean-Coffman (claimant) seeks review of a Court of Appeals decision affirming an Employment Appeals Board (EAB) holding that she is disqualified from receiving unemployment benefits because she received her vested retirement funds in a lump sum payment when her employment was terminated. McKean-Coffman v. Employment Division, 104 Or App 345, 801 P2d 858 (1990). The issue is whether, within the meaning of ORS 657.205(1), an unemployment compensation claimant to whom retirement funds have been paid in a lump sum "received" a retirement "payment" where she timely rolled the funds over into an Individual Retirement Account (IRA). We conclude that such a claimant is not disqualified. We reverse the Court of Appeals decision and remand this case to EAB for a new determination of unemployment benefits.