Can you collect unemployment if you have a pension - NYS Department of Labor rules?
I'm 58 and just got laid off from my job at a manufacturing plant after 12 years. I have a small pension from a previous employer that pays me about $400 a month. I want to file for unemployment but I'm not sure if having this pension will disqualify me or reduce my benefits. Does anyone know how NYS Department of Labor handles pensions when you're collecting UI? I really need the unemployment to cover my bills while I look for work.
13 comments
Join the conversation
Laila Prince
You can definitely collect unemployment with a pension in New York. The NYS Department of Labor has specific rules about this. If your pension is from a previous employer (not the one you just got laid off from), it typically won't affect your UI benefits at all. Since you said it's from a previous job, you should be fine. Just make sure to report it when you file your initial claim and on your weekly certifications.
0 coins
Drew Hathaway
•That's a relief! So I just need to be honest about it when I file? I was worried they'd reject my whole claim.
0 coins
Isabel Vega
wait really?? i thought any pension would mess up your unemployment. my dad always told me you cant get both
0 coins
Laila Prince
•It depends on the specifics. Pensions from previous employers usually don't count as disqualifying income. But if it's from the same employer you just got laid off from, then it might reduce your benefits dollar for dollar.
0 coins
Dominique Adams
I had a similar situation last year. My pension was $350/month from an old job and it didn't affect my unemployment at all. The key thing is being upfront about it when you file. NYS Department of Labor will ask about all income sources during the application process. Don't try to hide it because they'll find out eventually and that could cause problems.
0 coins
Drew Hathaway
•Good to know someone else went through this successfully. Did you have any trouble getting through to NYS Department of Labor to clarify the rules?
0 coins
Dominique Adams
•Actually yes, I couldn't get through on the phone for weeks. I ended up using this service called Claimyr (claimyr.com) that got me connected to an actual agent in like 10 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Made the whole process so much easier.
0 coins
Marilyn Dixon
BE CAREFUL! My friend got in trouble because she didn't report her pension correctly and they said she committed fraud. Even if it doesn't reduce your benefits you HAVE to report it or they'll come after you for overpayment later. The NYS Department of Labor takes this stuff seriously.
0 coins
Laila Prince
•This is exactly right. Failing to report any income, even if it doesn't affect your benefit amount, can be considered concealment and lead to serious penalties.
0 coins
Louisa Ramirez
ugh the whole unemployment system is such a mess. why do they make it so complicated to figure out what affects your benefits and what doesnt. like just give us a simple list!
0 coins
TommyKapitz
The rule of thumb is: pension from current employer = reduction in benefits, pension from previous employer = usually no reduction. But there are exceptions so definitely report it and let them make the determination. Better safe than sorry with NYS Department of Labor.
0 coins
Drew Hathaway
•Thanks everyone for the advice. I'm going to file my claim this week and make sure to include all the pension information upfront.
0 coins
Daniela Rossi
I went through this exact situation about 6 months ago when I got laid off at 55. Had a small pension from my previous job (around $300/month) and was terrified it would mess up my unemployment claim. Turns out it was no problem at all since it wasn't from my most recent employer. The NYS Department of Labor was actually pretty clear about it once I got through to someone - they just need you to report it honestly on your weekly certifications. My benefits weren't reduced at all. Just make sure you have all the pension documentation ready when you file because they might ask for it later during the review process. Good luck with your job search!
0 coins