< Back to California Unemployment

Dmitry Petrov

EDD pension offset investigation taking 4+ months - still no decision

So I started collecting unemployment benefits back in November after getting laid off from my job of 19 years. I reported my pension income ($1,850/month) when I filed my initial claim as required. The EDD representative told me they would start paying my UI benefits right away but would need to investigate whether my pension would reduce my weekly benefit amount. They said there would be a 'pension offset investigation' and warned I might have to repay some benefits depending on their determination. It's now mid-March (almost 4 months later) and I still haven't heard ANYTHING about the investigation results. I've been receiving my full benefit amount of $575/week this whole time but I'm scared to spend it because I might end up owing thousands back to EDD if they decide my pension reduces my benefits. I've tried calling but can never get through. I sent a message through UI Online three weeks ago and got no response. Has anyone gone through this pension offset investigation process? How long did yours take? I'm starting to think they forgot about my case but I don't want to get hit with a huge overpayment notice out of nowhere.

I went through this last year. The pension offset investigation for me took about 5 months to complete. EDD is seriously backlogged with these special investigations. In my case, they determined that since my pension was from the same employer I was claiming unemployment from, they reduced my weekly benefit amount by about 55% of my prorated weekly pension amount. My advice is to definitely NOT spend that money if you can avoid it. Put it in a separate account. Based on how pension offsets work, if your pension is from the employer who laid you off AND they contributed to that pension (most do), you'll likely face a reduction and subsequent overpayment notice. When they finally made the determination, they sent me a Notice of Overpayment for about $4,200 that I had to pay back. You'll want to be prepared for that possibility.

0 coins

Thank you so much for sharing your experience. That's really helpful! Yes, my pension is from the employer who laid me off, and they did contribute to it, so it sounds like I should definitely expect a reduction. I've been keeping the money in a separate account for exactly this reason. Did they give you any payment options when they issued the overpayment, or did you have to pay it all back at once?

0 coins

omg same thing happened to my uncle last winter!!! he waited like 6 months and then got hit with a $7k overpayment that he wasnt expecting... EDD is the WORST about comunicating these things

0 coins

Wow, 6 months! That's even longer than I've been waiting. Was your uncle able to get on a payment plan or did he have to pay it all back immediately?

0 coins

idk all the details but i think he got on some kind of payment plan... he was super mad about the whole thing tho

0 coins

The pension offset rules are actually pretty straight-forward, but EDD is notoriously slow in processing these investigations. Here's the basic formula they use: 1. If your pension is from the same employer you're claiming UI from AND that employer contributed to the pension, they will reduce your weekly benefit amount. 2. The reduction is calculated using this formula: (Monthly pension ÷ 4.33) × 100% = Weekly reduction amount With your $1,850 monthly pension, the weekly equivalent is about $427, which would likely completely offset your $575 weekly benefit if it's from the same employer who laid you off. That means you'd potentially owe back all the UI benefits you've received. You need to speak with an EDD specialist to check on the status of your investigation. Regular representatives can't help with these special cases.

0 coins

Thank you for explaining the formula. Yes, the pension is from the same employer I'm claiming UI from, and they did contribute to it. Based on your math, it seems like I might have to pay back everything I've received so far. That's what I was afraid of. It's just frustrating to be in limbo for so long, especially since I reported everything upfront.

0 coins

You should have gotten a determination by now. When I had a pension offset investigation in 2018 they took 2 months tops. Something might be wrong with your claim. Have you checked your UI Online account for any notices or tasks that need completing? Sometimes they need additional info but don't tell you directly.

0 coins

This is TRUE. I had the EXACT SAME EXPERIENCE last year with my pension offset investigation! They needed more info about my pension but NEVER BOTHERED to contact me and just let my case sit there for MONTHS!!!! The whole system is designed to make us give up and not collect what we're owed. Check your UI Online account daily and call them relentlessly!!!!!

0 coins

I've been helping people with EDD claims for years, and these pension offset investigations are unfortunately taking 3-6 months right now. You need to speak with a Tier 2 specialist who can actually check on your investigation status - regular reps can't access those details. If you're having trouble getting through to EDD, I recently discovered a service called Claimyr that connects you directly to an EDD representative, bypassing the wait. I was skeptical but it worked perfectly for me when I needed to resolve an identity verification issue. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Given the potential overpayment amount at stake here, it might be worth using a service like this to get a definitive answer about your situation instead of waiting indefinitely.

0 coins

Thank you for the recommendation. You're right that I need to speak with someone who can actually access my case details. I'll check out that service - at this point, I just need answers one way or another so I can plan accordingly. The uncertainty is the worst part.

0 coins

does that claimyr thing actually work? ive been trying to reach edd for weeks about a similar issue and cant get thru at all

0 coins

just curious why ur collecting both pension and unemployment? Isnt that kinda double-dipping?

0 coins

It's not double-dipping at all. Having a pension doesn't automatically disqualify you from receiving unemployment. The law allows for both, but EDD may reduce your unemployment benefits depending on specific circumstances (like if the pension is from the same employer you're claiming UI from). Many people work for decades, earn a pension, then get laid off before they were ready to fully retire. They're still able and available for work, which is the key qualification for unemployment.

0 coins

One thing I didn't mention in my earlier reply - after waiting 4 months with no update, I finally contacted my state assembly member's office. They have constituent services staff who can reach out to EDD on your behalf. Two weeks after I did that, I suddenly got my pension offset determination. Might be worth trying if you continue to get no response.

0 coins

That's a great suggestion! I didn't even think about contacting my assembly member. I'll try that if I can't get through to EDD in the next week or so. Thanks for the tip!

0 coins

WHATEVER YOU DO, don't spend that money!!!! When they finally do their investigation, they WILL make you pay back every penny if your pension disqualifies you. My neighbor went through this and ended up with a $12,000 overpayment that he couldn't afford to pay back. They can garnish your wages and tax returns if you don't pay it back!!!

0 coins

I've definitely been keeping all the money separate in an untouched account for exactly this reason. I'm preparing for the worst but hoping for some clarity soon. $12,000 is a scary amount to suddenly owe!

0 coins

After reading through the comments, I think you should take two immediate actions: 1. Try to reach a Tier 2 specialist who can check on your specific investigation 2. Start preparing financially for a likely overpayment notice based on the pension offset rules For what it's worth, you can request a waiver of overpayment if repayment would cause extraordinary hardship AND you reported everything truthfully from the beginning (which it sounds like you did). The form is called DE 1446W. It's not guaranteed to be approved, but it's an option if you truly can't afford to repay.

0 coins

Thank you for these specific suggestions. I didn't know about the waiver option - that's good information to have just in case. I've been saving all the unemployment payments, but it's still stressful to think about potentially having to return it all at once. I'll definitely prioritize speaking with a Tier 2 specialist.

0 coins

California Unemployment AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today