Sec. 1. 26 MRSA §1193, sub-§9, as enacted by PL 1981, c. 149, §4, is repealed.

Sec. 2. 26 MRSA §1193, sub-§9-A is enacted to read:

9-A.__Receiving pension.__Except as provided in this subsection, for any week with respect to which the individual is receiving a governmental or other pension, retirement or retired pay, annuity or any other similar periodic payment under a plan maintained or contributed to by a base period or chargeable employer.

A.__The individual receives benefits with no reduction under this subsection if:

(1)__The individual contributed at least 50% of the contributions to the plan;

(2)__All contributions to the plan were made by the individual and an employer or any other person or organization who is not a base period or chargeable employer; or

(3) Except for pensions paid under the United States Social Security Act or the federal Railroad Retirement Act of 1974, or the corresponding provisions of prior law, the services performed by the individual during the base period, or remuneration received for these services, for the employer did not affect the individual's eligibility for, or increase the amount of, that pension, retirement or retired pay, annuity or similar payment.

B.__If the individual contributed to the plan, but not at least 50% of the contributions, the individual receives a benefit reduced by the prorated weekly amount of the pension after deduction of that portion of the pension that is directly attributable to the percentage of the contributions made to the plan by that individual.__The benefit may not be reduced below zero.

SUMMARY

This bill eliminates the pension offset against unemployment benefits for persons who receive Social Security or other pensions, provided the person contributed at least 50% of the