Bitonti v. Unemployment Compensation Board of Review , 1999 Pa. Commw. LEXIS 726 ( 1999 )

McCLOSKEY, Senior Judge,

dissenting.

I respectfully dissent. The record indicates that James V. Bitonti (Claimant) did not contribute to the pension he received from the Pension Benefit Guarantee Corporation (PBGC). Absent contributions to a pension by an employee, the pension payments must be offset against a claimant’s unemployment compensation benefits. See Section 404(d)(2)(ii) of the Unemployment Compensation Law (Law).¹

I believe that the majority erred when it concluded that there were no grounds for a reduction in the calculation of Claimant’s benefits under Section 804(d)(2)(ii) of the Law. The PBGC was created to safeguard employee pensions and therefore stands in the place of the employer, not the employee; hence, I assert that the prorated weekly amount of the PBGC pension should have been deducted from Claim-ant’s weekly benefit amount.

1 . Act of December 5, 1936, Second Ex.Sess., P.L. (1937), 2897, as amended, 43 P.S. § 804(d)(2)(ii).