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Natalie Wang

Does cashing out profit shares from former employer affect my EDD benefits?

I got laid off last month from my job at a tech company where I'd been for about 4 years. I just found out I need to cash out my profit sharing account by the end of the year (about $7,200 total - part was my investment and part was employer matching). I'm worried this might mess up my unemployment benefits that I just started receiving. Do I have to report this as income to EDD when I certify? Will it reduce my weekly benefit amount or make me ineligible? The money was earned while I was employed but I'm receiving it now during unemployment. Really confused about this!

Noah Torres

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This is an important question that trips up a lot of people! It depends on how the profit sharing is structured. If it's a qualified retirement plan (like a 401k), then generally cashing it out doesn't affect your UI benefits since it's considered retirement income, not wages. But if it's more like a bonus or non-qualified plan, EDD might consider it income for the week you receive it. When you certify, there's a question about receiving "other income" - this is where you'd report it if needed. Have you checked your plan documents to see exactly what type of profit sharing it is?

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Natalie Wang

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Thanks for responding! I just checked and it's part of our company's qualified 401k retirement plan. So if I understand correctly, I should be okay and it won't affect my weekly benefit amount? Do I still need to report it somewhere when I certify?

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Samantha Hall

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I got SCREWED by this exact situation last year!!! I cashed out my profit sharing (around $5K) and reported it because I thought I was supposed to - BIG MISTAKE. EDD counted it as income for that week and I got ZERO benefits that week. Later found out from an EDD rep that I didnt have to report it since it was retirement funds! So mad I lost a week of benefits for no reason. The EDD system is totally broken and DELIBERATELY confusing.

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Natalie Wang

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Oh no, that's exactly what I'm worried about! I really need every penny of my benefits right now. Did you ever try to appeal that decision or get that week's benefits back?

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Ryan Young

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To clarify, retirement account distributions generally don't count as income for UI purposes, but there are some important details to understand: 1. Qualified retirement plans (401k, IRA, etc.) distributions don't count as wages for UI 2. If it's NOT a qualified plan but instead a profit-sharing bonus paid after separation, it could be considered wages 3. Even with qualified plans, if you're receiving PENSION payments (not a lump sum distribution), those CAN reduce your UI benefits The safest approach is to report it when you certify and indicate it's from a qualified retirement plan. This prevents any potential overpayment issues later. If you're unsure, speaking directly with an EDD representative can give you a definitive answer for your specific situation.

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Sophia Clark

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this is totally correct!! my hubby got laid off from salesforce last year and took out his 401k and it didnt effect his unemployment at all. but my cousin got some kind of profit bonus after layoff and they did count that. its all about if its retirement or not

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Have u tried calling EDD? Thats the onlyt way to get a 100% answer for ur situation. But good luck getting thru lol took me like 3 days of calling nonstop

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Madison Allen

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I was in the same boat trying to reach EDD about a similar question last month. Was absolutely impossible to get through until I used Claimyr.com - it automatically navigated the phone system and got me connected to an EDD agent in about 25 minutes. They have a video demo showing how it works here: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km The agent I spoke with confirmed that 401k distributions don't affect UI benefits. Worth the time saved after days of failed calling!

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Natalie Wang

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I've been trying to call for two days with no luck! Just endless busy signals or the dreaded "we're experiencing high call volume" message. I'll check out that service - I'm desperate to get a definitive answer before I process this distribution.

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Joshua Wood

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This isn't legal advice, but I worked in HR for 15 years before my current job. Qualified retirement plans like 401ks are treated differently than regular income. The critical factor is whether your profit sharing was part of a qualified retirement plan or if it was a cash profit sharing program paid as wages. If it's part of your 401k (sounds like it is), then withdrawing those funds is a retirement distribution, not wages. You'll owe taxes and potentially early withdrawal penalties to the IRS, but it shouldn't affect your UI benefits. I suggest downloading the EDD benefit determination guide from their website - search for "retirement payments" in the document and you'll find the specific policy.

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Natalie Wang

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Thank you! I didn't know about the benefit determination guide - I'll definitely look that up. And yes, it is definitely part of the 401k structure. I'm prepared for the tax hit and withdrawal penalty, I just didn't want to lose my unemployment too.

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Justin Evans

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just wonderin why u have to cash it out? cant u roll it over to an IRA instead? might save u on the taxes and penalties...

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Natalie Wang

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That's a really good point. The HR exit paperwork made it sound like I had to cash out completely, but maybe I misunderstood. I'll double-check if rollover is an option - that would definitely be better tax-wise!

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Noah Torres

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Just following up - were you able to get clarity on this? For anyone finding this thread later, here's the official word: According to the EDD's UI benefit determination guide, distributions from qualified retirement plans (including 401k, IRA, etc.) are NOT considered wages for UI purposes. These distributions should not affect your weekly benefit amount. However, ongoing pension payments (not one-time distributions) might reduce your benefits, depending on whether your base period employer contributed to that pension. The safest approach is always to report and let EDD make the determination rather than risk an overpayment situation.

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Natalie Wang

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Yes! I finally got through to EDD yesterday. The representative confirmed exactly what you said - since this is a qualified 401k distribution and not ongoing pension payments, it won't affect my weekly benefits. I still need to report it on my taxes of course, but for UI purposes I'm in the clear. Thank you all for the helpful advice!

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Ravi Kapoor

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Great to hear you got confirmation from EDD! This is such a common source of confusion for people dealing with layoffs. Your experience perfectly illustrates why it's worth the hassle of getting through to an actual representative when you're unsure - better to get the official word than stress about it or potentially miss out on benefits you're entitled to. Thanks for following up with the resolution - this thread will definitely help others in similar situations!

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This thread has been super helpful! I'm actually in a similar situation - got laid off from a startup last week and have some stock options that are about to expire. Reading through all these responses, it sounds like I should definitely get clarification from EDD about how those might be treated differently from retirement distributions. The distinction between qualified retirement plans and other types of compensation seems really important. Thanks everyone for sharing your experiences!

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