Does receiving a pension affect unemployment benefits NYS Department of Labor?

So if my calculated benefit was say $400 per week, I wouldn't get anything? That seems harsh after paying into the system for over 20 years.

It depends on the type of pension and how it's funded. If the employer contributed to the pension based on your work history, then yes it typically reduces UI benefits. There are some exceptions for certain types of retirement accounts though.

That's exactly what I was afraid of. Did you have any luck appealing or finding any exceptions? This feels like being penalized for having a pension.

I tried calling NYS Department of Labor multiple times but could never get through to speak to anyone. The hold times were insane and I kept getting disconnected. I found this service called claimyr.com that actually got me connected to an agent who explained everything properly. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Definitely worth checking out if you need to talk to someone at NYS Department of Labor about your specific situation.

I feel you on the frustration but unemployment insurance is meant to replace lost wages, not supplement retirement income. The pension rules exist for a reason.

@Ravi Kapoor I understand the logic behind it, but when someone gets laid off unexpectedly at 58 like Natasha, they re'in a really tough spot. The pension might not be enough to live on while job searching, especially in today s'market where it can take months to find work at that age. The system should maybe have some provision for partial benefits or consider the circumstances of the layoff.

Keith, you're absolutely right about the different employer pension rule! I went through this exact situation. If your pension is from a previous employer (not the one you were just laid off from), NYS DOL treats it differently. In my case, I had a pension from a job I left 10 years ago, and when I got laid off from my recent employer, they didn't count that pension against my UI benefits. You'll need to provide documentation showing the pension source when you file. The involuntary separation aspect also matters - they're generally more lenient with layoffs versus voluntary retirement. Definitely mention both of these points when you speak with them. Good luck!

This is really helpful information! I had no idea about the different employer pension rule. My pension is actually from my current employer where I was just laid off, so it sounds like I'm in the same boat as Natasha and Isabella. Keith, have you considered delaying your pension start date if that's still an option? I'm wondering if there's any flexibility there to avoid the offset. Also, does anyone know if there are any advocacy groups or resources specifically for older workers dealing with these UI/pension issues? It feels like we're facing unique challenges that younger laid-off workers don't have to deal with.

This is really helpful information! @Lucas Kowalski @Keith Davidson I had no idea about the different employer pension rule. My pension is actually from the same company that laid me off - we had a defined benefit plan that vested after 20 years. So it sounds like I m probably'out of luck based on what @Isabella Ferreira experienced. @Lucas Kowalski when you say they need documentation, what specific paperwork did you have to provide to show your pension was from a different employer?

@Lucas Kowalski This is really helpful information! I had no idea about the different employer rule. My pension is actually from the same company that just laid me off - they had an early retirement package available but I got caught in the layoff before I could decide. So it sounds like I m'probably in the same boat as @Natasha Kuznetsova where they ll likely'offset my UI benefits. The involuntary separation angle is interesting though - I definitely didn t choose'to leave. Has anyone had success arguing that point with NYS DOL? I m going'to try calling them but from what I m reading'here, getting through seems nearly impossible.

This is really helpful information! I had no idea about the different employer rule. My pension is actually from the same company that laid me off - they had an early retirement package option that I took when they announced the layoffs. Does that change things? I'm wondering if taking the early retirement package instead of waiting to be officially laid off might have hurt my chances. The timing was pretty much the same either way, but now I'm second-guessing my decision.

This is really helpful information Lucas! I had no idea there was a different employer rule. My pension is actually from the same company I just got laid off from - I was eligible for early retirement at 58 but they laid me off before I could make that decision myself. So I'm guessing that means they will count it against my benefits since it's the same employer? It's frustrating because if I had been able to choose early retirement I probably would have waited, but the layoff forced my hand. Does anyone know if there's any distinction made for situations like this where you didn't voluntarily choose to start taking the pension?

This is really helpful information! I had no idea about the different employer pension rule. My pension is actually from the same company that just laid me off - we had a defined benefit plan that vested after 20 years. So it sounds like I'm probably going to face the full reduction that Isabella and others mentioned. Lucas, when you say they're more lenient with layoffs versus voluntary retirement, does that mean they might not reduce benefits dollar-for-dollar in layoff situations? Or is it more about eligibility requirements? I'm trying to understand if there's any hope of getting at least partial benefits given that this wasn't my choice to leave.

This is really helpful information! I had no idea about the different employer pension rule. @Lucas Kowalski do you remember if there was any specific documentation they required beyond just proving the pension was from a different employer? Like did you need employment verification letters or was a pension statement enough? @Natasha Kuznetsova you mentioned your pension is from your 22-year job at the manufacturing company - since that s the'same employer you were laid off from, it sounds like Lucas s situation'might not apply to yours unfortunately. But definitely worth asking NYS DOL about the involuntary separation aspect when you finally get through to them.

This is really helpful information! I had no idea about the different employer rule. My pension is actually from the same company I just got laid off from - they had an early retirement option that I took when they announced the layoffs were coming. Does anyone know if that changes things? I'm wondering if taking the early retirement package instead of waiting to be officially laid off might affect how they view my claim. The timing was literally one week apart - I could have waited for the layoff but the retirement package seemed better at the time.

@Lucas Kowalski This is really helpful information! I had no idea about the different employer rule. My pension is actually from the same company I was just laid off from - they had an early retirement option that I took when the layoffs started happening. So it sounds like in my case they will likely count it against my benefits. @Keith Davidson you might want to clarify with NYS DOL whether your pension is from the same employer or a different one since that seems to make a big difference. Lucas, did you have any trouble getting through to someone at the department to explain your situation?

@Lucas Kowalski This is incredibly helpful information! I had no idea about the different employer rule. My pension is actually from my current employer where I was just laid off, so it sounds like I m'in the same boat as @Natasha Kuznetsova. But knowing that involuntary separation might be treated differently gives me some hope. Did you have to provide specific documentation to prove it was a layoff versus voluntary? I m'worried they might question whether it was truly involuntary since I m'pension-eligible age. The whole process feels like you need a law degree just to understand your rights.

This is really helpful information! I had no idea about the different employer pension rule. My pension is actually from the same company I just got laid off from - I was eligible for early retirement at 58 but then they did the layoffs anyway. So it sounds like I'm probably stuck with the reduction. Lucas, when you say they're more lenient with layoffs, does that mean there might still be some wiggle room even if it's the same employer? I'm going to try that claimyr service Isabella mentioned to actually get through to someone at NYS DOL. Thanks everyone for sharing your experiences - at least now I know what to expect.

@Chloe Delgado This is really helpful information! I hadn t'thought about the employer-contributory aspect - I definitely contributed through payroll deductions over the years, so that might make a difference. Do you know how they calculate what portion was employee vs employer contributions? Also, when you mentioned documenting everything about the layoff, what specific details did they ask for? I want to make sure I have everything ready before I try to get through to someone at NYS DOL. @Isabella Ferreira I might also look into that claimyr service you mentioned since getting through to an actual person seems to be the biggest challenge here.