Can you collect unemployment when you retire from NYS Department of Labor?

Unfortunately, no - if you voluntarily retire, you're not eligible for unemployment benefits in New York. The NYS Department of Labor requires that you be unemployed through no fault of your own. Retirement is considered a voluntary separation from employment. You'd need to be laid off, terminated, or have your hours reduced involuntarily to qualify for UI benefits.

my dad tried this last year and got denied immediately, they said since he chose to retire he wasnt eligible

There might be one exception though - if your employer eliminates your position and offers you the choice between layoff or early retirement, you might be able to collect if you choose the layoff option instead. But you'd have to actually be laid off, not retire. The NYS Department of Labor looks at whether the separation was voluntary or involuntary. If you're planning to retire anyway, you might want to talk to HR about whether there are any upcoming layoffs in your department.

Wait, what about if you're forced to retire due to health issues? Wouldn't that be considered involuntary? I'm asking because my doctor says I might not be able to continue working much longer due to a chronic condition, but I'm not quite ready for Social Security yet.

Health-related retirement can be tricky with unemployment claims. If you're unable to work due to health issues, the NYS Department of Labor might consider you not 'able and available' for work, which is a requirement for UI benefits. You'd need to be able to work and actively seeking employment to qualify. However, if your employer terminates you due to inability to perform your job duties (rather than you voluntarily retiring), that could potentially be considered involuntary separation.

If you're having trouble reaching the NYS Department of Labor to get definitive answers about your specific situation, I had success using a service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Sometimes you really need to speak with someone directly about these complex situations rather than trying to figure it out from the website.

Bottom line - regular voluntary retirement = no unemployment benefits. But there are some edge cases like company restructuring or certain health situations that might work differently. Your best bet is to talk to an actual NYS Department of Labor representative about your specific circumstances before making any final decisions about retiring.

One more thing to consider - if you're 64 and thinking about retiring next year, you might want to look into whether your employer offers any severance packages or voluntary separation incentives. Some companies will pay severance even for voluntary retirement, which can help bridge the gap until you're eligible for Social Security at 62 (if you haven't already claimed it). While this won't make you eligible for unemployment, it might provide some financial cushion during the transition. Also worth checking if your company has any phased retirement options where you could reduce hours gradually - that might be another way to ease into retirement without completely losing income.