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Ciaramitaro v Modern Hard Chrome Service 4.26

Section 48

REMUNERATION, Salary continuation, Severance pay, Credit weeks

CITE AS: Ciaramitaro v Modern Hard Chrome Service, Macomb Circuit Court, No. 96-4644-AE (November 1, 1996).

Appeal pending: No

Claimant: Sam P. Ciaramitaro

Employer: Modern Hard Chrome Service

Docket No. B91-12323RR-131804W

CIRCUIT COURT HOLDING: Where claimant involuntarily retired and received a week's pay for each year he worked for employer, such pay was severance pay and was not remuneration under Section 48.

FACTS: Claimant retired involuntarily on February 2, 1990. As part of the early retirement package claimant received a 34 week "salary continuation" from February 8, 1990 through September 27, 1990. He did not apply for benefits until after those payments ended. The MESC held that the claimant received severance pay which is not remuneration and cannot be used to establish credit weeks.

DECISION: Claimant is ineligible for benefits because he had insufficient credit weeks in the 52 week period preceding his application to establish a claim.

RATIONALE: Claimant failed to prove that he was legally entitled to receive a continuing weekly salary if involuntarily retired. Claimant performed no services in exchange for the monies he received.


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