Can you collect unemployment if you retire from your job - NYS Department of Labor eligibility?
I'm 62 and thinking about retiring from my current position but I'm wondering if I'd be eligible for unemployment benefits through NYS Department of Labor if I voluntarily retire? My company isn't offering any buyouts or early retirement packages, I would just be choosing to leave. I've been working for 25 years and paying into the system. Does anyone know if voluntary retirement disqualifies you from UI benefits? I'm trying to figure out my options before making this decision.
10 comments


NebulaKnight
Unfortunately, if you voluntarily retire, you typically won't qualify for unemployment benefits through NYS Department of Labor. The system requires that you be unemployed through no fault of your own. Voluntary retirement is considered quitting your job, which would disqualify you from receiving UI benefits. You'd need to be laid off, terminated without cause, or have your position eliminated to be eligible.
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Dylan Wright
•That's what I was afraid of. So even though I've been paying into unemployment insurance for decades, I can't access it if I choose to retire?
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Sofia Ramirez
Yeah my dad ran into this same issue when he wanted to retire early. NYS Department of Labor told him he had to either wait for a layoff or find a new job and then get laid off from that one to qualify. Pretty frustrating system if you ask me.
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Dmitry Popov
There might be some exceptions depending on your specific situation. If you can demonstrate that you retired due to unsafe working conditions, discrimination, or significant changes to your job duties that made continuing impossible, you might have grounds for an appeal. But the burden of proof would be on you to show it wasn't truly voluntary. You'd want to document everything thoroughly before making any moves.
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Dylan Wright
•Interesting point about job changes. My role has shifted significantly over the past year with new management. Would that potentially count as constructive dismissal?
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Ava Rodriguez
I've been trying to get through to NYS Department of Labor for weeks about a similar question but their phone lines are always busy or I get disconnected. Has anyone found a reliable way to actually speak with someone there? I need to understand my specific situation better.
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Miguel Ortiz
•I had the same problem until I found claimyr.com - they helped me get through to an actual NYS Department of Labor agent. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting nowhere.
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Zainab Khalil
Wait I thought if you worked long enough you automatically qualified? This is confusing because my neighbor said she got unemployment after retiring but maybe she was laid off and I misunderstood.
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NebulaKnight
•Length of work history determines how much you can receive and for how long, but you still need to meet the basic eligibility requirements. Your neighbor was probably laid off or terminated, not voluntarily retired.
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QuantumQuest
This whole system is broken honestly. You pay into unemployment insurance your whole career but can't use it when you need to make a major life decision like retiring. Meanwhile people who get fired for cause sometimes still collect benefits.
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