Can you collect unemployment benefits if you retire - NYS Department of Labor eligibility question

Generally speaking, if you voluntarily retire, you won't qualify for unemployment benefits through NYS Department of Labor. The key requirement for UI eligibility is that you must be able and available for work, actively seeking employment. When you retire, you're essentially saying you don't want to work anymore, which disqualifies you. However, there are some exceptions - if your employer forced you into early retirement or eliminated your position, that might be considered an involuntary separation.

my dad went through this exact situation 2 years ago. he 'retired' but really his company was downsizing and offered early retirement packages. the nys department of labor approved his claim because it was considered involuntary even though he accepted the package. took about 6 weeks for adjudication though

You need to be very careful about how you frame this with NYS Department of Labor. If you file for unemployment and state that you retired, your claim will likely be denied. The system requires you to certify each week that you're actively looking for work. If you're not genuinely seeking employment, you could be committing fraud. That said, if your employment ends involuntarily (layoff, position elimination, etc.) and you're willing to work, age doesn't disqualify you from benefits.

The NYS Department of Labor phone system is impossible to get through when you have questions like this. I spent weeks trying to get clarification on my own situation. If you really need to talk to someone at NYS Department of Labor about your specific circumstances, I had success using a service called Claimyr (claimyr.com) that helps you actually reach an agent. They have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me so much frustration compared to calling myself.

The whole unemployment system is set up to make it as hard as possible for regular people!! Even if you technically qualify they'll find some reason to deny you. I've seen people get denied for the stupidest reasons and then have to go through the whole appeal process. It's ridiculous that someone who worked their whole life can't get help when they need it most.

honestly at 63 you might want to look into other options like bridge jobs or part-time work instead of trying to figure out unemployment. the job search requirements are pretty strict anyway and you have to apply to a certain number of jobs each week

I went through something similar when I was 62. The key thing to understand is that NYS Department of Labor will look at your intent and circumstances very carefully. If you voluntarily quit to retire, you're disqualified. But if your employer offers an early retirement package due to restructuring or downsizing, that's different - it's considered involuntary separation even if you "accept" the package. The other thing to consider is that even if you qualify, you'll need to prove you're actively seeking work each week, which means applying for jobs and being genuinely available. At our age, that can be challenging but not impossible. I'd suggest talking to your HR department to see if there are any upcoming workforce changes that might affect your situation before making any decisions.

Just wanted to add another perspective here - I'm currently 64 and went through this process last year. The NYS Department of Labor eligibility determination really comes down to your specific circumstances and how you present them. In my case, my position was eliminated as part of a company reorganization, even though I was close to retirement age anyway. The key was that I didn't initiate the separation - they did. I was approved for benefits, but I had to genuinely look for work and document my job search activities every week. It's not a retirement bridge - you really do need to be available and actively seeking employment. If you're planning to fully retire and not work again, unemployment benefits aren't the right solution. But if you're open to working and your employment ends involuntarily, age alone won't disqualify you. I'd recommend speaking with an employment attorney if you're unsure about your specific situation, as the nuances can be tricky.

I'm in a somewhat similar situation at 61 and have been researching this extensively. One thing I learned that might help is that NYS Department of Labor also considers whether you're receiving pension benefits when determining eligibility. If you start collecting a pension from your current employer, that can affect your unemployment claim even if the job separation was involuntary. Also, keep in mind that unemployment benefits are taxable income, so factor that into your financial planning. You might want to consult with a financial advisor about strategies for bridging the gap to Social Security - there are options like COBRA continuation, part-time consulting work, or drawing from retirement accounts that might be more suitable than trying to navigate the unemployment system if you're genuinely ready to stop working full-time.