Can I collect NYS Department of Labor unemployment benefits if I receive a pension?

Yes, you can collect both in New York, but there are some important rules to know about. If your pension is from the same employer that laid you off, NYS Department of Labor will reduce your weekly unemployment benefit by the weekly amount of your pension. So if you get $800/month pension ($200/week), they'd subtract that from your $450 weekly benefit, leaving you with $250. However, if the pension is from a different employer than the one you were laid off from, it won't affect your unemployment at all.

You definitely need to report the pension income when you file your weekly claims with NYS Department of Labor. They'll ask about any other income you're receiving. Be honest about it because they can find out anyway and you don't want to deal with an overpayment situation later. The reduction formula can be confusing so make sure you understand exactly how much your weekly benefit will be after the pension offset.

ugh this is so confusing!! i'm in a similar situation but my pension is from a previous job not the one i got laid off from. does that mean i can keep my full unemployment benefits?? the NYS Department of Labor website is impossible to understand

I had this exact situation two years ago. The NYS Department of Labor phone system is a nightmare when you need to ask these detailed questions about pension offsets. I spent weeks trying to get through to someone who could explain the calculation properly. Eventually I found this service called Claimyr (claimyr.com) that actually got me connected to a real NYS Department of Labor agent within minutes. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me so much frustration.

The whole pension offset thing is just another way for them to screw us over. You work your whole life, pay into both systems, then they penalize you for having a pension. Makes no sense.

Just wanted to add that the timing of when you start collecting your pension can also matter. If you haven't started collecting the pension yet, you might want to talk to someone at NYS Department of Labor about whether delaying it could help maximize your unemployment benefits in the short term. Sometimes the math works out better to delay the pension for a few months while you're collecting unemployment, then start it later. But definitely get official guidance on this since everyone's situation is different.

I went through this same situation last year when I was laid off at 60. One thing to keep in mind is that the pension offset calculation can get tricky if your pension payments aren't consistent month to month. NYS Department of Labor calculates it based on the weekly equivalent, so if your pension varies, you'll need to report the actual amount each week. Also, make sure you understand whether your pension is considered "contributory" (you paid into it) or "non-contributory" (employer fully funded) because the rules can be slightly different. I'd recommend getting everything in writing from NYS Department of Labor about exactly how they'll calculate your offset so there are no surprises later.

I'm dealing with a similar situation right now and wanted to share what I learned from my experience. When I called NYS Department of Labor to ask about the contributory vs non-contributory pension question, they told me that for contributory pensions (where you paid into it), they may reduce the offset amount by the portion you contributed. So if you paid 50% of the contributions and your employer paid 50%, they might only offset your unemployment by half of the weekly pension amount. But this varies case by case and you really need to get the specific calculation from them in writing. Also, keep all your pension documentation handy when you file your claim - they'll want to see the details about your contribution history. The whole process is definitely confusing but it's worth getting the exact numbers from them rather than guessing.