Can you retire and collect unemployment benefits from NYS Department of Labor?
I'm 63 and my company is downsizing. They offered me early retirement but I'm wondering if I can decline it and file for unemployment instead if they lay me off? I've been working for 28 years and paying into the system. Would NYS Department of Labor consider me ineligible if I turn down retirement to collect UI benefits? I need the income but retirement would give me less money per month than unemployment would.
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Mila Walker
You generally cannot collect unemployment if you voluntarily retire. However, if you're laid off involuntarily, age doesn't disqualify you from UI benefits. The key issue is whether declining the retirement package would be considered 'refusing suitable work' by NYS Department of Labor. You'd need to be able and available for work, which means actively job searching.
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Ethan Clark
•So if they lay me off after I decline retirement, I should be eligible as long as I'm looking for work? That makes sense, thanks.
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Logan Scott
my dad went through this exact situation 2 years ago! he turned down early retirement and got laid off 3 months later. NYS Department of Labor approved his claim no problem. just had to do the weekly job search like everyone else even though hes 65
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Ethan Clark
•That's encouraging! Did he have any issues with the job search requirements at his age?
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Logan Scott
•nah he just applied to places online and kept records. most places didnt call back but thats normal for unemployment anyway
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Chloe Green
If you're having trouble reaching NYS Department of Labor to get a definitive answer about your specific situation, I used claimyr.com recently to get through to an actual agent. They have a service that handles the calling for you - there's a demo at https://youtu.be/qyftW-mnTNI. Saved me hours of trying to get through the busy phone lines to ask about my claim details.
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Lucas Adams
•How much does that cost? Seems like something they should just answer when you call normally.
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Chloe Green
•I mean yeah, ideally we could all get through on our own, but when you're dealing with time-sensitive stuff like this retirement vs layoff question, sometimes it's worth it to actually talk to someone who knows the rules.
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Harper Hill
THIS SYSTEM IS SO BACKWARDS!!! Why should someone who worked their whole life have to jump through hoops like this? The whole thing is designed to deny benefits to people who actually need them. Retirement should be a choice not forced by corporate greed!!!
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Caden Nguyen
•I feel you on the frustration but the rules exist for a reason. Unemployment is supposed to be temporary assistance while you look for new work.
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Avery Flores
Wait I'm confused - if you retire don't you get social security? Can you get both unemployment and social security at the same time? That doesn't sound right to me.
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Mila Walker
•You can collect both Social Security and unemployment simultaneously in New York. Social Security doesn't count as disqualifying income for UI purposes. However, you still need to meet the able and available for work requirements.
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Ethan Clark
•I wouldn't be eligible for full Social Security until 67, so that's not really an option right now anyway.
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