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Diez Ellis

Can you collect unemployment when you retire from your job in NYS?

I'm planning to retire from my company next year but I'm only 62 and won't be eligible for full social security until 67. My company is offering early retirement packages but I'm wondering if I can file for unemployment benefits with NYS Department of Labor after I retire to bridge the gap until I can claim social security? I've been working for 35 years and paying into the system so I'm hoping there's some way to get benefits. Has anyone dealt with this situation before?

Unfortunately, if you voluntarily retire, you typically won't be eligible for unemployment benefits from NYS Department of Labor. UI benefits are for people who lose their job through no fault of their own. Voluntary retirement is considered leaving work by choice, which disqualifies you from collecting unemployment. The key factor is whether you left voluntarily or were laid off.

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Diez Ellis

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That's what I was afraid of. What if the company is forcing early retirement though? Like they're eliminating positions for people over 60?

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Abby Marshall

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Actually there might be some exceptions depending on how your company structures the retirement. If they're doing layoffs and offering retirement as an alternative, that could potentially qualify as involuntary separation. You'd need to check with NYS Department of Labor about your specific situation. The key is whether you had a choice to keep working or if your position was being eliminated anyway.

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Sadie Benitez

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This happened to my neighbor last year. His company was downsizing and offered early retirement packages. He was able to collect unemployment because technically his job was being eliminated and retirement was just the severance option they offered.

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Drew Hathaway

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I tried calling NYS Department of Labor about this exact question last month and couldn't get through to anyone! The phone lines are always busy and when I do get through I get disconnected. It's so frustrating trying to get answers about eligibility requirements. Does anyone know a better way to reach them?

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Laila Prince

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I had the same problem with getting through to NYS Department of Labor until I found claimyr.com. They actually get you connected to a real agent without all the waiting and getting hung up on. There's a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. I used it last week to get answers about my adjudication issue and finally talked to someone within an hour.

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Isabel Vega

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Wait I'm confused... I thought if you retire you get a pension or 401k? Why would you need unemployment? Isn't that like double dipping?

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Not everyone has a pension, and you can't always access 401k funds without penalties until you're 59.5. Some people need income between early retirement and when they can claim social security or access retirement funds without penalties.

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The system is so messed up anyway. They make it impossible to reach anyone at NYS Department of Labor and the rules change constantly. Good luck getting a straight answer about anything!

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