Section 2920.10  Reduction In Benefits Due To Receipt Of Vacation Pay, Holiday Pay, Retirement Pay, And Workers' Compensation Whose Sum Is Less Than The Individual's Weekly Benefit Amount

Provided that an individual is not ineligible for benefits under Section 2920.5, whenever an individual receives or is entitled to receive any vacation pay treated as wages under Section 2920.25 or 2920.30, holiday pay treated as wages under Section 2920.35 or receives any disqualifying retirement pay under Section 2920.70 or workers' compensation during a week or weeks, and the aggregrate amount of such payments is less than the individual's weekly benefit amount, the individual shall be eligible to receive with respect to such week or weeks, benefits in an amount equal to the weekly benefit amount reduced by the sum of these payments.  The reduction in benefits given by this Section does not apply in the situation where the individual receives wages for less than full-time work as defined by Section 2920.5(a)(4).  In such cases, the individual's eligibility and amount of reduced benefits, if any, shall be calculated in accordance with the formula given by Section 2920.15.

a)         Example 1:  An individual received $60 in disqualifying retirement pay per week.  He also receives $60 in vacation pay with respect to that week.  If the weekly benefit amount was $130, he would be eligible to receive $10 in reduced benefits with respect to that week.

b)         Example 2:  Assume the situation described in Example 1 with the exception that the individual's disqualifying retirement pay with respect to that week is $70 instead of $60.  Because the sum of the individual's retirement pay and his vacation pay equals his weekly benefit amount, the individual is ineligible to receive reduced benefits under this Section because he is ineligible to receive any benefits under Section 2920.5(d).