§ 28-44-19.1 - Disqualifying income.
SECTION 28-44-19.1
§ 28-44-19.1 Disqualifying income. –An individual shall be disqualified from receiving benefits for any week of hisor her unemployment within any period with respect to which that individual iscurrently receiving or has received retirement income in accordance with thefollowing provisions:
(1) The amount of compensation payable to an individual forany week which begins in a period with respect to which that individual isreceiving a governmental or other pension, retirement or retired pay, annuity,or any other similar periodic payment which is based on the previous work ofthat individual shall be reduced, but not below zero, by an amount equal tofifty percent (50%) of the amount of that pension, retirement or retired pay,annuity, or other payment, which is reasonably attributable to that week, ifthat deduction is required as a condition for full tax credit against the taximposed by the Federal Unemployment Tax Act, 26 U.S.C. § 3301 et seq;provided, that if the individual made no contribution to the retirement planthen the amount of compensation payable to the individual shall be reduced, butnot below zero, by the full amount of that pension, retirement or retired pay,annuity, or other payment, which is reasonably attributable to that week.
(2) If at any time following May 3, 1979, subdivision (1) ofthis section or any provision of it is not required by federal law in order foran eligible employer to qualify for full tax credit against the tax imposed bythe Federal Unemployment Tax Act 26 U.S.C. § 3301 et seq., thensubdivision (1) of this section or the provision of it is no longer requiredand shall have no force or effect.
(3) Social Security benefits received by an individual shallnot be included or considered as disqualifying income under the provisions ofthis section.