Pennsylvania Code
Title 34 - LABOR AND INDUSTRY
Part VIII - Bureau of Workers' Compensation
Chapter 123 - GENERAL PROVISIONS-PART II
Subchapter A - OFFSET OF UNEMPLOYMENT COMPENSATION,SOCIAL SECURITY (OLD AGE), SEVERANCE ANDPENSION BENEFITS
Section 123.8 - Offset for pension benefits generally
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Workers' compensation benefits otherwise payable shall be offset by the net amount an employe receives in pension benefits to the extent funded by the employer directly liable for the payment of workers' compensation.
(b) The pension offset shall apply to amounts received from defined-benefit and defined-contribution plans.
(c) The offset may not apply to pension benefits to which an employe may be entitled, but is not receiving.
(d) In calculating the offset amount for pension benefits, investment income attributable to the employer's contribution to the pension plan shall be included on a prorata basis.
This section cited in 34 Pa. Code § 123.1 (relating to purpose); and 34 Pa. Code § 123.5 (relating to offset for benefits already received).