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Hay v. Board of Review

June 19, 1995

JOHN HAY, PLAINTIFF-APPELLANT,
v.
BOARD OF REVIEW, DEFENDANT-RESPONDENT.



On appeal from a Final Decision of the Board of Review.

Approved for Publication June 19, 1995.

Before Judges Brody and Long.

The opinion of the court was delivered by: Long

The opinion of the court was delivered by LONG, J.A.D.

In December 1993, the Board of Review of the New Jersey Department of Labor affirmed an order of the Appeals Tribunal that Joan Hay refund $10,448 in unemployment compensation she received for the weeks ending February 2, 1992, through February 27, 1993. Hay appeals, contending that she was eligible to receive benefits for that entire period except for the period from February 2, 1992 through April 5, 1992. Thus, she argues that she should only be required to refund the benefits received during the February to April 1992 period.

Hay filed for unemployment benefits in New Jersey on February 2, 1992. The Unemployment Compensation Law (N.J.S.A. 43:21-1 to -66) provides, in pertinent part, that an unemployed individual shall be eligible to receive benefits with respect to any week only if:

With respect to a base year as defined in subsection (c) of R.S. 43:21-19, the individual has established at least 20 base weeks as defined in paragraph (1) of subsection (t) of R.S. 43:21-19, or, in those instances in which the individual has not established 20 base weeks, . . . the individual has earned 12 times the Statewide average weekly remuneration paid to workers, as determined under R.S. 43:21-3(c), raised to the next higher multiple of $100.00 if not already a multiple thereof or more in the individual's base years ($6600).

[N.J.S.A. 43:21-4(e)(1).]

"Base year" is defined as follows:

"Base year" with respect to benefit years commencing on or after July 1, 1986 shall mean the first four of the last five completed calendar quarters immediately preceding an individual's benefit year.

[N.J.S.A. 43:21-19(c)(1).]

"Base week" is further defined as:

"Base week" for a benefit year commencing on or after October 1, 1985 means, except as otherwise provided in paragraph (2) of this subsection, any calendar week of an individual's base year during which the individual earned in employment from an employer remuneration equal to not less than 20% of the Statewide average weekly remuneration defined in subsection (c) of R.S. 43:21-3 ...


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