Articles Posted in Employment Law

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Kathleen Hopkins retired from the Colorado Department of Labor and Employment. During her period of employment, the Department made contributions to her retirement fund, and once she retired, she began taking retirement payments from that fund. Later, she went to work for the Department again. When she was laid off from this second period of employment, she applied for and was awarded unemployment benefits. Benefits were discontinued and she was issued a notice of overpayment. She appealed the notice and a hearing officer restored her benefits. The Department appealed, and a panel of the Industrial Claim Appeals Office (ICAO) reversed the hearing officer's decision, reasoning that Hopkins was ineligible to receive unemployment benefits because her retirement income exceeded the amount of the unemployment. Hopkins appealed, and the court of appeals reversed, holding that the offset provision applied only when the employer contributed to the claimant's retirement fund during the base period of employment that made her eligible for unemployment benefits. The Supreme Court disagreed with the appeals court and reversed, finding that the offset provision applied any time the employer has contributed to the retirement fund from which the claimant received payments, regardless of when the contributions were made. View "Industrial Claim Appeals Office v. Colorado Dept. of Labor & Employment" on Justia Law