Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 696 (January 28, 2023).

34 Pa. Code § 123.11. Application of offset for severance benefits.

§ 123.11. Application of offset for severance benefits.

 (a)  Workers’ compensation benefits otherwise payable shall be offset by amounts an employee receives in severance benefits subsequent to the work-related injury. The offset may not apply to severance benefits to which an employee may be entitled, but is not receiving.

 (b)  The net amount of any severance benefits shall offset workers’ compensation benefits on a weekly basis except as provided in subsections (c) and (d).

 (c)  When the employee receives severance benefits in a lump-sum payment, the net amount received by the employee shall be divided by the weekly workers’ compensation rate. The result is the number of weeks, and fraction thereof, the insurer may offset against future payments of workers’ compensation benefits.

 (d)  When an employee receives a severance benefit in the form of tangible property, the market value of the property, as determined for Federal tax purposes, shall be divided by the weekly workers’ compensation rate. The result is the number of weeks, and fraction thereof, the insurer may offset against future payments of workers’ compensation benefits.

Cross References

   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).



No part of the information on this site may be reproduced for profit or sold for profit.


This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.