Unemployment Insurance

Web Library Topic - Retirement

Voluntary Retirement

Involuntary Retirement

Voluntary Retirement

Statute

§ 8‑73‑108(5)(e)(XXIII), C.R.S. 2005

(5)(e) Subject to the maximum reduction consistent with federal law, and insofar as consistent with interstate agreements, if a separation from employment occurs for any of the following reasons, the employer from whom such separation occurred shall not be charged for benefits which are attributable to such employment and, because any payment of benefits which are attributable to such employment out of the fund as defined in section 8-70-103 (13) shall be deemed to have an adverse effect on such employer's account in such fund, no payment of such benefits shall be made from such fund:

(XXIII) Voluntary retirement.

Case

Denver Post Corp. v. Industrial Commission, 677 P.2d 436 (Colo. App. 1984)

The claimant's acceptance of a buy-out offer from the employer when his job was not in jeopardy and the offer was open to all employees was a voluntary separation.

Involuntary Retirement

Statute

§ 8‑73‑108(4)(m), C.R.S. 2005

(4) An individual separated from a job shall be given a full award of benefits if any of the following reasons and pertinent conditions related thereto are determined by the division to have existed. The determination of whether or not the separation from employment shall result in a full award of benefits shall be the responsibility of the division. The following reasons shall be considered, along with any other factors that may be pertinent to such determination:

(m) Involuntary retirement in accordance with company policy or at the volition of the employer.

Cases

The ICAO is unaware of any published Colorado court cases that specifically address this statute.

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