Previous PageTable Of ContentsNext Page

Zajac v U S Post Office 3.04

Section 27(f)

PENSION OFFSET, Cost of benefit

CITE AS: Zajac v U.S. Post Office, No. 80-2340 AE, Macomb Circuit Court (February 9, 1981).

Appeal pending: No

Claimant: John Zajac

Employer: U. S. Post Office

Docket No: UCFE77 10907 56170

CIRCUIT COURT HOLDING: The "cost of the benefit" is the present actuarial value of the retirement benefit.

FACTS: Claimant worked for the U.S. Postal Service from 1942-1976. While claimant was employed, matching contributions were made by the claimant and the employer to the Federal Retirement Program. Claimant's total contributions to the fund were $15,939. Claimant receives a gross monthly annuity of $913. As of the date of claimant's separation, the total present value of the retirement benefit was $93,452.33.

DECISION: Claimant's weekly benefit rate is subject to adjustment under Section 27(f) despite the fact that claimant and employer made matching contributions.

RATIONALE: Claimant's contribution is less than 1/2 the present actuarial value of the retirement benefit.

6/91

3, 7, 14, 15, d5:C

Previous PageTable Of ContentsNext Page