Can you get unemployment if you are retired from NYS Department of Labor?
I'm 68 and was forced into early retirement when my company downsized last month. I wasn't planning to retire until 70 but they eliminated my position. I'm collecting my pension now but I actually want to keep working - the pension isn't enough to cover my expenses. Can I still file for unemployment benefits with NYS Department of Labor even though I'm technically retired? I'm able and available to work and actively looking for a new job.
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Eli Butler
Yes, you can absolutely file for unemployment even if you're receiving pension benefits! The key is that you have to be able and available for work, which it sounds like you are. NYS Department of Labor doesn't have an age limit for UI benefits. You'll need to report your pension income when you file your weekly claims, and they may reduce your benefits depending on how much you're getting from your pension.
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Ian Armstrong
•Thank you! Do you know if they reduce dollar for dollar or is there some kind of threshold?
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Marcus Patterson
my dad went thru this same thing couple years ago when he got laid off at 65, he was able to get unemployment no problem
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Lydia Bailey
The pension income will be deducted from your weekly benefit amount, but not necessarily dollar-for-dollar. NYS Department of Labor has specific rules about how they calculate this. When you file your initial claim, make sure to disclose the pension - being upfront about it prevents overpayment issues later. You'll also need to register with the job search system and meet the weekly work search requirements just like any other claimant.
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Ian Armstrong
•Good point about being upfront. I definitely don't want overpayment problems down the road.
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Mateo Warren
Wait I'm confused - if you're retired how can you be available for work? Doesn't retirement mean you're not working anymore?? This seems contradictory to me.
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Eli Butler
•Retirement just means you're receiving pension benefits. You can still be able and available for work, which is what matters for unemployment eligibility. Lots of people get forced into early retirement but still want to work.
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Sofia Price
The NYS Department of Labor phone lines are impossible to get through to ask questions like this. I spent hours trying to reach someone when I had questions about my claim. If you need to speak with an actual agent, I found this service called Claimyr that helps you get through to NYS Department of Labor representatives. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made a huge difference for me when I needed answers about my specific situation.
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Ian Armstrong
•Interesting, I hadn't heard of that service. Might be worth checking out if I run into issues.
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Alice Coleman
Just wanted to say good luck with your job search! The combination of age discrimination and having to explain the retirement situation makes it extra challenging, but don't give up.
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Nathan Dell
I went through something very similar when I was laid off at 64. You can definitely collect unemployment while receiving pension benefits - the key thing is proving you're actively seeking work. Keep detailed records of your job applications and interviews because they may audit your work search activities. Also, when you file your weekly certifications, be prepared to report your exact pension amount each week. The system will automatically calculate any offset. One tip: if your pension is substantial, it might reduce your UI benefits significantly, but even a partial benefit can help while you're job hunting.
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