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Natasha Kuznetsova

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

I'm 58 and was laid off from my job at a manufacturing company after 22 years. I started receiving my pension right away which is about $1,800 per month. Now I'm trying to file for unemployment but I'm not sure if my pension will affect my weekly benefit amount or if I can even get unemployment at all. The NYS Department of Labor website mentions something about pension deductions but it's confusing. Has anyone been in this situation? Will they reduce my UI benefits dollar for dollar or is there some other formula?

Yes, pension income can affect your unemployment benefits in New York. The NYS Department of Labor will typically reduce your weekly benefit amount by the prorated weekly pension amount. So if you get $1,800 monthly, that's about $415 per week, and they'll subtract that from whatever your calculated UI benefit would be. You need to report the pension when you file your initial claim.

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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.

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Emma Anderson

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wait I thought pensions didn't count against unemployment?? my dad got both when he retired early

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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.

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I went through this exact situation last year. My pension was $2,100/month and my UI benefit calculation was $380/week. The NYS Department of Labor reduced my weekly benefit to zero because the pension amount exceeded what I would have gotten. You still have to file weekly claims and do the job search requirements even if your benefit is reduced to zero. It's frustrating but that's how the system works.

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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.

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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.

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CosmicVoyager

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This whole system is so messed up! You work your whole life, pay into unemployment insurance, and then when you need it they find ways to deny you benefits. Meanwhile people who never worked a day get everything handed to them. Sorry for the rant but this stuff really gets to me.

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Ravi Kapoor

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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.

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I'm dealing with something similar right now. Just turned 60 and got laid off after 25 years at my company. My pension is $1,650/month and I'm still waiting to hear back from NYS DOL about my claim status. From what I've researched, there might be some differences in how they treat pensions if you were involuntarily separated (like a layoff) versus voluntary retirement. Also, I've heard that if your pension is from a different employer than where you were laid off from, the rules might be different. Has anyone had experience with that scenario? It's so confusing trying to navigate all these regulations when you're already stressed about finding new work at our age.

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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!

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