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.
19 comments


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.
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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.
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Isabel Vega
wait really?? i thought any pension would mess up your unemployment. my dad always told me you cant get both
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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.
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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.
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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?
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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.
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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.
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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.
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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!
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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.
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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.
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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!
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Rachel Tao
Just wanted to add another data point here - I'm 62 and dealt with this same situation when I got laid off from my warehouse job 8 months ago. I have a pension from the military that pays about $600/month, and it didn't affect my NYS unemployment benefits at all. The key is definitely being transparent about it from the start. When I filed my initial claim online, there was a section specifically asking about pensions and other income sources. I listed everything and my benefits were approved without any issues. The weekly certification process asks about it too, so you'll need to report it every week, but it won't reduce your payments as long as it's from a different employer. Hope this helps put your mind at ease!
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Sofia Morales
•This is really helpful to hear from someone with military pension experience! I'm wondering - did you have to provide any special documentation for the military pension, or was it treated the same as any other previous employer pension? I want to make sure I have all my paperwork ready when I file next week.
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Lucy Lam
I'm currently dealing with a similar situation - got laid off from my retail job last month and have a small pension from a factory job I had 15 years ago (about $250/month). Reading through everyone's experiences here is really reassuring! I was so worried about reporting it that I actually delayed filing my claim for two weeks. Finally submitted it yesterday and made sure to include all the pension details in the application. The online system had a pretty straightforward section for reporting other income sources. Now I'm just waiting to hear back from NYS Department of Labor. Thanks to everyone who shared their experiences - it really helps to know that being honest upfront is the right approach and that previous employer pensions typically don't reduce benefits.
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NebulaNomad
•Good for you for filing! I was in a similar boat - had anxiety about reporting my pension and kept putting off filing. But everyone here is right that honesty is the best policy with NYS Department of Labor. Two weeks is nothing compared to the people who wait months because they're scared. You should hear back pretty quickly, and since your pension is from such an old job, you'll likely be fine. Keep us posted on how it goes!
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Makayla Shoemaker
I'm in a very similar situation - 59 years old, just got laid off from my office job last week, and I have a pension from a government job I left 8 years ago that pays about $480/month. Reading through all these responses has been incredibly helpful! I was honestly losing sleep over whether to report the pension or not, but it's clear from everyone's experiences that transparency is absolutely critical. The consensus seems to be that as long as it's from a previous employer (which mine is), it shouldn't affect my benefits. I'm planning to file my claim this weekend and will make sure to include all the pension information upfront. It's such a relief to hear from so many people who went through this successfully. Thanks to everyone for sharing - this community is a lifesaver when you're navigating something this stressful!
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CosmicCruiser
•You're absolutely doing the right thing by being upfront about it! I went through this exact same worry when I filed - kept second-guessing myself about whether to mention my pension. But honestly, the NYS Department of Labor makes it pretty clear on the application that you need to report ALL income sources. Since yours is from 8 years ago at a completely different employer, you should be in good shape. The online filing process will walk you through it step by step. Just have your pension documentation handy in case they ask for it later. You've got this!
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