Search Rutgers Law Library N.J. Court Opinions

1 /usr/local/share/www/libweb/collections/courts/appellate/a1837-19.opn.html -- rank: 1000

... benefits from $696 to sixty dollars per week, pursuant to N.J.S.A. 43:21-5a and N.J.A.C. 12:17-8.2. We ... benefit rate was being reduced to sixty dollars pursuant to N.J.S.A. 43:21-5a because 'the employer on which [his] claim is based was ... decision finding that the reduction in benefits was required by N.J.S.A. 43:21-5a and N.J.A.C. 12:17-8.2. Tawfellos ... s final decision should be reversed. He apparently recognizes that N.J.S.A. 43:21-5a applies to him. He argues, however, that the statute is ... that Tawfellos's unemployment benefits must be reduced pursuant to N.J.S.A. 43:21-5a and N.J.A.C. 12:17-8.2. The ... maximum total benefits of the individual during the benefit year . . . . [N.J.S.A. 43:21-5a.] In addition, the regulation states in pertinent part that ...

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Document Size:	20901

2 Lourdes Medical Center of Burlington County v. Board of Review -- rank: 945

... library. 5 N.J. State Library, Legislative History Checklist for N.J.S.A. 43:21-5a 1 (1957). We know, however, that our stateā€™s unemployment ... statement either. N.J. State Library, Legislative History Checklist for N.J.S.A. 43:21-5a 1 (1957). 6 See, e.g. , Cal. Unemp. Ins. Code ...

docket:	a-70-07
court:
decided:	2009-01-27
status:
citation:	197 N.J. 325
Document Size:	161427

3 ADAM FOX v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 774

... Appeals Tribunal upheld the Division's determination. In reliance on N.J.S.A. 43:21-5a and N.J.A.C. 12:17-8.2, the ... Educ. Ass'n, 144 N.J. 16, 31 (1996). III. N.J.S.A. 43:21-5a provides that a person's unemployment benefit will be reduced ... week in which the individual receives the lump sum payment. [N.J.S.A. 43:21-5a]. This statute also provides that regulations may be promulgated to ... the contribution that person may have made to the pension. N.J.S.A. 43:21-5a(b). 'The amount of any such reduction shall be determined ... than the one who is chargeable with the unemployment claim. N.J.S.A. 43:21-5a(a). In this case, Fox's pension was non-contributory ... was legally correct and properly calculated pursuant to both statute, N.J.S.A. 43:21- -5a(b), and regulation, N.J.A.C. 12:17- ...

docket:	a2506-20
court:	NJ Superior Court Appellate Division
decided:	2022-04-27
status:	Unpublished
citation:
Document Size:	18510

4 FRANCENA D. MASON-JEGEDE v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 754

... begin by reviewing the law applicable to appellant's claim. N.J.S.A. 43:21-5a specifically addresses the situation where an individual who qualifies for ... a base period or chargeable employer . . . . A-2699-20 2 [ N.J.S.A. 43:21-5a(a) (emphasis added).] As authorized by N.J.S.A. 43:21-5a, the Commissioner of Labor and Workforce Development has promulgated regulations ... have said that the purpose of the pension offset under N.J.S.A. 43:21- 5a and the regulations is to prevent a retired person from ... than the one who is chargeable with the unemployment claim. N.J.S.A. 43:21-5a(a). A-2699-20 3 We now turn to the ... earned from her work for the City of New York. N.J.S.A. 43:21-5a is clear. An offset is only permissible under this ...

docket:	a2699-20
court:	NJ Superior Court Appellate Division
decided:	2022-12-06
status:	Unpublished
citation:
Document Size:	16010

5 Lourdes Medical Center of Burlington County v. Board of Review -- rank: 747

... State library. N.J. State Library, Legislative History Checklist for N.J.S.A. 43:21-5a 1 (1957). We know, however, that our state's unemployment ... statement either. N.J. State Library, Legislative History Checklist for N.J.S.A. 43:21-5a 1 (1957). See, e.g. , Cal. Unemp. Ins. Code § 1262 ...

docket:	a-70-07
court:
decided:	2009-01-27
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citation:	197 N.J. 325 963 A.2d 281
Document Size:	130375

6 DONNA BRAKEFIELD v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 689

... the disqualification period. The Board determined claimant was disqualified under N.J.S.A. 43:21-5a from regular unemployment benefits as of April 18, 2021, because ... the hearing, the Appeal Tribunal determined claimant was disqualified under N.J.S.A. 43:21-5a from unemployment benefits as of April 18, 2021, because she ...

docket:	a3400-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-06
status:	Unpublished
citation:
Document Size:	18121

7 FRANCIS GIESLER VS BOARD OF REVIEW, DEPARTMENT OF LABOR & BELL ATLANTIC NEW JERSEY, INC. -- rank: 662

... received, the director of the Division of Unemployment Insurance, citing N.J.S.A. 43:21-5a, determined that appellant had been overpaid because his receipt of ... AS WOULD JUSTIFY A REDUCTION IN UNEMPLOYMENT BENEFITS PURSUANT TO N.J.S.A. 43:21-5a IS AMBIGUOUS AND SHOULD BE CONSTRUED IN ACCORDANCE WITH THE ... 11-3(e)(1)(D). We add the following comments. N.J.S.A. 43:21-5a provides in part:             The amount of benefits payable to an ... 48 , 52 (App. Div. 1986).     In 1993, the Legislature amended N.J.S.A. 43:21-5a to provide for an exemption from the pension offset under ...

docket:	a4727-96
court:	njappellate
decided:	1998-08-25
status:	published
citation:	315 N.J.Super. 28
Document Size:	11700

8 PHILLIP L. BURD v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 641

... his pension. It reduced his benefit rate to zero, citing N.J.S.A. 43:21-5a and N.J.A.C. 12:17-8.2. Pursuant ... Russo v. PFRS, 206 N.J. 14, 27 (2011)). Under N.J.S.A. 43:21-5a unemployment benefits can be reduced in certain circumstances where a ... retirement or retired pay, annuity or other similar periodic payment[.] [N.J.S.A. 43:21-5a.] Known as the pension offset statute, it is intended 'to ...

docket:	a0531-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-15
status:	Unpublished
citation:
Document Size:	16274

9 DOUGLAS O. HURON v. BOARD OF REVIEW, DEPARTMENT OF LABOR et al. -- rank: 617

... the Appeal Tribunal, holding appellant disqualified for unemployment benefits under N.J.S.A. 43:21-5a. We affirm. Appellant was employed as a machinist from June ... for benefits as of 04/24/05 in accordance with N.J.S.A. 43:21-5a, thus entitling him to unemployment benefits. The burden of proof ... the individual becomes reemployed and works four weeks in employment . . . . [ N.J.S.A. 43:21-5a (emphasis added).] In Domenico v. Board of Review , 192 N ... s decision holding appellant disqualified for unemployment benefits, pursuant to N.J.S.A. 43:21-5a, is wholly in accord with the governing statutes and is ...

docket:	A0736-05
court:	NJ Superior Court Appellate Division
decided:	2006-05-24
status:	unpublished
citation:
Document Size:	38637

10 Brady v. Board of Review -- rank: 614

... voluntarily" left work "without good cause attributable to such work," N.J.S.A. 43:21-5a required that the award of unemployment benefits be reduced by ... involuntarily unemployed through no fault or act of their own. N.J.S.A. 43:21-5a requires a set-off based on pension or retirement payments ...

docket:	a-28-97
court:	njsupreme
decided:	1997-12-22
status:
citation:	152 N.J. 197
Document Size:	58466

11 MIDLAND PARK BOARD OF EDUCATION v. BOARD OF REVIEW DEPARTMENT OF LABOR and WILLIAM G SHLALA -- rank: 590

... for unemployment benefits is receiving a pension. An offset statute, N.J.S.A. 43:21-5a, provides in pertinent part: The amount of benefits payable to ... A. Ā§ 3304(a)(15)(A)(i). As authorized by N.J.S.A. 43:21-5a, the Commissioner of Labor and Workforce Development has promulgated regulations ...

docket:	a0235-10
court:	NJ Superior Court Appellate Division
decided:	2011-09-29
status:	unpublished
citation:
Document Size:	27044

12 RICHARD J. AMABILE v. BOARD OF REVIEW -- rank: 576

... Appeal Tribunal reducing his unemployment benefits to zero pursuant to N.J.S.A. 43:21-5a, and N.J.A.C. 12:17-8.1(a ... benefit rate to zero, effective January 6, 2013, pursuant to N.J.S.A. 43:21-5a, and N.J.A.C. 12:17-8.1(a ... or contributed to by a base period or chargeable employer[.] [ N.J.S.A. 43:21-5a.] See also N.J.A.C. 12:17-8.1 ...

docket:	a5792-12
court:	NJ Superior Court Appellate Division
decided:	2015-06-10
status:	unpublished
citation:
Document Size:	15011

13 CELESTE A. LAMPLEY v. BOARD OF REVIEW, and NEW JERSEY DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT -- rank: 552

... that her unemployment benefits were wrongfully offset by her pension. N.J.S.A. 43:21-5a(b) deals with the situation A-2047-17T1 7 where ...

docket:	a2047-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-21
status:	Unpublished
citation:
Document Size:	16445

14 HELEN E. CERRETO v. BOARD OF REVIEW DEPARTMENT OF LABOR and STERN & KILCULLEN, LLC 2010 - -- rank: 508

... The Board stated correctly that Cerreto's disqualification arose under N.J.S.A. 43:21-5a, not N.J.S.A. 43:21-5b. Affirmed. 1 ...

docket:	a2737-09
court:	superior court trial
decided:	2011-02-23
status:	unpublished
citation:
Document Size:	19451

15 JAMES K. REILLY v. BOARD OF REVIEW DEPARTMENT OF LABOR -- rank: 453

... weekly benefits are subject to the pension offset provisions of N.J.S.A. 43:21-5a and N.J.A.C. 12:17-8.2, we ...

docket:	a0911-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-15
status:	unpublished
citation:
Document Size:	18931