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Can you get unemployment if you retire from your job in New York?

I'm 58 and thinking about retiring from my job next year but I'm worried about the gap before I can collect my pension at 62. Someone told me you can't get unemployment benefits if you voluntarily retire, but I've also heard there might be exceptions. Does anyone know if NYS Department of Labor considers retirement a voluntary quit that would disqualify you? I've been at my company for 15 years and really need some income bridge until my pension kicks in.

Unfortunately, voluntary retirement typically disqualifies you from unemployment benefits in New York. NYS Department of Labor considers retirement a voluntary separation from employment, which means you left work by choice rather than due to circumstances beyond your control. However, there are some nuanced situations - if you were forced into early retirement due to company restructuring or health issues, that might be different.

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What if the company is offering early retirement packages? Would that change anything since they're essentially pushing people out?

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Melissa Lin

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You generally cannot collect UI benefits if you voluntarily retire. The key requirement for unemployment is that you must be able and available for work, actively seeking employment. If you're retiring, you're essentially stating you don't want to work anymore. NYS Department of Labor is pretty strict about this - they'll ask during your weekly claims if you're ready and willing to accept suitable work.

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This is exactly right. I tried to file after my retirement and got denied immediately. They said I wasn't available for work.

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Romeo Quest

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wait i'm confused... my friend retired and got unemployment for like 6 months?? maybe she lied on her application or something because this doesn't sound right

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Your friend may have been laid off rather than retired, or there could have been special circumstances. It's also possible she filed incorrectly and will face an overpayment demand later when NYS Department of Labor reviews her case.

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Val Rossi

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I had a similar situation trying to reach NYS Department of Labor about this exact question last year. Spent hours on hold and kept getting disconnected. Finally used a service called Claimyr (claimyr.com) that actually got me through to a real person at the unemployment office. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. The agent confirmed that voluntary retirement disqualifies you, but they also explained some exceptions I didn't know about.

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What kind of exceptions did they mention? I'm really hoping there's some way to make this work.

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Eve Freeman

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The unemployment system is so frustrating! They make it impossible for people who've worked their whole lives to get any help during transitions. I bet if you were some young person who just quit randomly you'd get benefits no problem, but someone who's earned retirement gets nothing.

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Melissa Lin

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Actually that's not how it works - anyone who voluntarily quits gets denied unless they have good cause like unsafe working conditions or harassment.

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Have you looked into COBRA or other bridge options? Might be worth talking to a financial planner about alternatives since unemployment probably won't work out.

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Lia Quinn

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I went through something similar a few years ago. The key thing to understand is that NYS Department of Labor looks at your intent and availability for work. If you're truly retiring and not planning to seek new employment, you won't qualify. However, if your company is downsizing or offering buyouts and you're willing to work elsewhere, that might be treated differently than a traditional retirement. I'd suggest calling the unemployment office directly to discuss your specific situation - they can give you a definitive answer based on your circumstances. Also consider looking into partial retirement options with your current employer or exploring contract/part-time work to bridge the gap until your pension kicks in.

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