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StarStrider

Does military retirement pay affect NYS Department of Labor unemployment benefits eligibility?

I'm a veteran who just got laid off from my civilian job after 8 years of working since I retired from the Army. I receive military retirement pay of about $2,100 per month. Will this affect my ability to collect unemployment benefits through NYS Department of Labor? I'm really confused about whether retirement income counts against UI benefits or not. Has anyone else dealt with this situation before?

Luca Esposito

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Military retirement pay generally does NOT affect your NYS Department of Labor unemployment benefits eligibility. The key distinction is that retirement pay is considered earned income from past service, not current work that would make you unavailable for employment. You should be able to collect both your retirement pay and UI benefits simultaneously as long as you meet all other eligibility requirements like being able and available for work.

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StarStrider

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That's a huge relief! I was worried I'd have to choose between them. Do I need to report the retirement pay anywhere on my weekly claims?

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Nia Thompson

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yeah i think youre good, my buddy gets his navy pension and unemployment at same time, been doing it for months with no issues

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You'll want to report the retirement pay when you file your initial claim, but it shouldn't reduce your weekly benefit amount. NYS Department of Labor distinguishes between pension income and wages from current employment. However, if you're working part-time while collecting benefits, THOSE earnings would affect your weekly payment amount. The retirement pay itself is separate.

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Wait, I'm confused - do I report it every week or just when I first file? I don't want to mess something up and get an overpayment notice later.

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Just report it on your initial application. You don't need to report the same retirement income every week since it's not changing. Focus on reporting any NEW income from work during your weekly claims.

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Ethan Wilson

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I had so much trouble getting through to NYS Department of Labor to ask about this exact question last year. Spent weeks calling and either getting busy signals or being hung up on after waiting forever. Finally found this service called Claimyr (claimyr.com) that actually got me connected to a real person at NYS Department of Labor within like 20 minutes. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Totally worth it when you need to talk to someone about complex situations like military retirement affecting benefits.

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StarStrider

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Thanks for the tip! I might need that if I run into any issues with my claim.

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NeonNova

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The system is so confusing about what counts as income and what doesn't!! I spent three hours reading through all the NYS Department of Labor guidelines and still wasn't sure. Why can't they just make this stuff clearer? At least with military retirement it seems pretty straightforward that it won't affect your benefits but man, trying to figure out all these rules is exhausting.

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Yuki Tanaka

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Good luck with your claim! Military retirement shouldn't be a problem at all.

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Quinn Herbert

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Thank you everyone for the helpful responses! I was really stressing about this. Just to clarify - when I file my initial claim, should I mention the military retirement pay in the "other income" section, or is there a specific place where it asks about retirement/pension income? I want to make sure I'm being completely transparent from the start so there are no surprises down the road.

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There should be a specific section for pension/retirement income when you file your initial claim - it's usually separate from the general "other income" section. The NYS Department of Labor application typically has different categories to help distinguish between types of income. When in doubt, it's always better to disclose it upfront rather than risk issues later. You're doing the right thing by being transparent from the start!

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Hannah Flores

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I went through this exact same situation about 6 months ago! I'm also a veteran receiving military retirement pay and was laid off from my civilian job. Just to add to what others have said - when I filed my initial claim online, there was definitely a separate section specifically for pension/retirement income. I reported my military retirement pay there and it had zero impact on my weekly benefit amount. The NYS Department of Labor treats it as non-deductible income since it's from past military service, not current employment. I've been collecting both my retirement pay and UI benefits without any issues. The key is just being upfront about it from the beginning like you're planning to do. You should be all set!

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