Commissioner of Labor v. Renfroe

253 Ark. 380 (1972) · Supreme Court of Arkansas · October 30, 1972

Summary

The Arkansas Supreme Court held that federal Social Security old-age benefits were not “retirement payments” disqualifying a claimant from receiving unemployment compensation under the Arkansas Employment Security Act. Because the statute did not specifically classify Social Security benefits as disqualifying remuneration, the court affirmed the judgment allowing the claimant to receive unemployment benefits without reduction.

Holdings

  1. Federal Social Security old-age benefits are not retirement payments within the meaning of section 5(f)(4) of the Arkansas Employment Security Act and therefore do not disqualify a claimant from receiving unemployment benefits or require their reduction.

Questions Presented

  1. Whether federal Social Security old-age benefits constitute remuneration in the form of a retirement payment under section 5(f)(4) of the Arkansas Employment Security Act.
  2. Whether unemployment compensation benefits must be reduced by the amount of Social Security old-age benefits received when the Arkansas statute does not specifically identify those benefits as disqualifying.

Disposition

affirmed

Cases Cited (7)

  • Flemming v. Nestor, 363 U.S. 603, 80 S. Ct. 1367, 4 L. Ed. 2d 1435 (1960)(followed)
  • Helvering v. Davis, 301 U.S. at 640(followed)
  • Nelson v. Review Board of Indiana Employment Security Division, 119 Ind. App. 10, 82 N.E.2d 523 (1948)(followed)
  • Turner v. Boise Lodge No. 310, 77 Idaho 465, 295 P.2d 256 (1956)(followed)
  • Ledwith v. Bankers Life Ins. Co., 156 Neb. 107, 54 N.W.2d 409 (1952)(followed)
  • Daggett v. St. Francis Levee District, 226 Ark. 545, 291 S.W.2d 254(followed)
  • Retirement Board of Allegheny County v. McGovern, 316 Pa. 161, 174 A. 400 (1934)(followed)

Cited In (0)

No citing cases on record yet.

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