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This entry was published on 2014-09-22
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SECTION 600
Effect of retirement payments
Labor (LAB) CHAPTER 31, ARTICLE 18, TITLE 7
§ 600. Effect of retirement payments. 1. Reduction of benefit rate.
(a) The benefit rate of a claimant who is receiving a governmental or
other pension, retirement or retired pay, annuity, or any other similar
periodic payment which is based on his previous work, shall be reduced
as hereinafter provided, if such payment is made under a plan maintained
or contributed to by his base period employer and, except for payments
made under the social security act or the railroad retirement act of
1974, the claimant's employment with, or remuneration from, such
employer after the beginning of the base period affected his eligibility
for, or increased the amount of, such pension, retirement or retired
pay, annuity, or other similar periodic payment.

(b) The claimant's benefit rate shall be reduced by the largest number
of whole dollars which is not more than the pro-rated weekly amount of
such payment. If the claimant was the sole contributor for the pension,
retirement or retired pay, annuity, or other similar periodic payment,
no reduction shall apply.

(c) If, at the time benefits are payable, it has not been established
that the claimant will be receiving such pension, retirement or retired
pay, annuity or other payment, benefits due shall be paid without a
reduction, subject to review within the period and under the conditions
as provided in subdivisions three and four of section five hundred
ninety-seven with respect to retroactive payment of remuneration.

(d) For the purposes of this section, the terms "pension or retirement
payment" and "governmental or other pension, retirement or retired pay,
annuity, or any other similar periodic payment which is based on
previous work" shall not include payments made from a qualified trust to
an eligible retirement plan under the terms and conditions specified in
section four hundred two of the internal revenue code for federal income
tax purposes, such payments commonly known as eligible rollover
distributions.