WARREN ROSEMARIN, APPELLANT,
v.
STATE OF FLORIDA UNEMPLOYMENT APPEALS COMMISSION, AND SYNTEX LABORATORIES, INC., APPELLEES
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The court affirmed that termination payments and pension benefits from a former employer constitute wages under Florida unemployment law, disqualifying the claimant from benefits when the pension exceeded the weekly benefit amount.
Termination payments and pension benefits from a base period employer constitute wages under Florida Statutes § 443.036(33)(a), disqualifying a claimant from unemployment benefits when the pension exceeds the weekly benefit amount.
[1] Termination payments and pension benefits paid by a base period employer and reported as wages constitute wages within the meaning of Florida Statutes § 443.036(33)(a) fo…
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Join FLexlaw to unlock all legal intelligenceRosemarin ceased working for Syntex in November 1994 and received biweekly termination payments of approximately $3,022.27 through December 31, 1996, …
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PER CURIAM.
We affirm the orders of the Unemployment Appeals Commission. Appellant ceased working for Syntex in November, 1994. From late 1994 until December 31, 1996, he received termination payments from Syntex of about $3,022.27 biweekly. From each check, Syntex deducted federal withholding and social security taxes and reported the payments as wages paid to the Division of Unemployment Compensation. In July, 1996, appellant began to receive a retirement pension from Syntex of $1,100.00 per month.
On December 2, 1996, appellant filed a claim for unemployment benefits as a result of his termination from a different employer. The date of the claim created a “base period” of July 1, 1995 through June 30, 1996. See § 443.036(5), Fla. Stat. (1997). During the base period, appellant received $72,536.40. from Syntex. These payments constituted “wages” within the meaning of section 443.036(33)(a), Florida Statutes (1997). The pension benefit from Syntex exceeded the weekly benefit amount to which appellant was entitled. He was therefore disqualified from receiving benefits pursuant to section 443.101(8)(a), Florida Statutes (1997). We construe the term “base period employer” in section 443.101(8)(a) to mean an employer that pays section 443.036(33) “wages” to an employee during the base period.
AFFIRMED.
GLICKSTEIN and GROSS, JJ., and GOLDENBERG, RENEE, Associate Judge, concur.
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Harmon v. Unemployment Appeals Comm'n, 830 So. 2d 904 (Fla. 5th DCA 2002)…PER CURIAM. AFFIRMED. See Rosemarin v. State Unemployment Appeals Comm’n, 712 So. 2d 1188 (Fla. 4th DCA 1998). PETERSON, PLEUS and PALMER, JJ., concur.…