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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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I was laid off my job in Jan 2011. I filled for my retirement

Customer Question

I was laid off my job in Jan 2011. I filled for my retirement in October and started recieving check Novemeber 2010. I let the EDD know I was retiring from my union on the form. I received a call from EDD and was told I was able continue getting unemployment because they didnt consider my retirement earned income. I live in California. Is this correct?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question.

I think there may be a misunderstanding here.

Foremost, you typically cannot collect benefits when you retire because in order to be eligible for benefits you must be "actively seeking work." Obviously, this requirement is opposite to the very definition of retirement. Secondly, you can typically only receive benefits if you lost your job "through no fault of your own." You cannot generally leave your position by choice and then collect benefits because the EDD regards XXXXX XXXXX as voluntary (again, part of the definition of retirement).

I think the confusion in your case may lie in the fact that, under certain circumstances, receipt of a pension will not qualify as "income" and therefore not DISQUALIFY someone from receiving benefits. That section is UE Code 1255.3 and is explained thoroughly on this page of the EDD's website: http://www.edd.ca.gov/uibdg/Total_and_Partial_Unemployment_TPU_46055.htm

It is important to understand that section 1255.3 does not CREATE entitlement to receive benefits, it simply permits certain pension recipients who are OTHERWISE entitled to receive UE benefits to receive them. I suspect this is where the confusion is coming from.

Put another way, your pension may be not disqualifying you from receiving benefits, but you still need to meet all of the other eligibility requirements, which include being physically able and available to immediately accept work, actively seeking work, and unemployed through no fault of your own.

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.

Patrick, Esq., Lawyer
Satisfied Customers: 7530
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
I was laid off in January, collected unemployment until june, called back to work and laid off again in sept. I applied for my retirement from my union because my unemployement would be running out soon and I didnt want to loose my house and medical coverage. I can pend my retirement if called back to work. In the mean time I am very actively looking for work in my field and any other field. I would prefer to work. I notified unemployment I was going to collect on my retirement. I recieved a letter setting up a phone inteview and when I was called by an employee of unemployment, I explained what I was doing and he told me I could continue with unemployment. I didnt know that was possible. I continued to received the forms and an extension. If this is incorrect I will return the money some how. I just want to know what is correct. Thanks
Expert:  Patrick, Esq. replied 2 years ago.
This all make more sense now.

As I stated above, pursuant to UE Code 1255.3, certain individuals who are receiving pension benefits will still be eligible to receive unemployment benefits even though they are also receiving income from their pension.

It sounds as though the EDD representative was simply telling you that your pension will not disqualify you from receiving benefits pursuant to section 1255.3, and that since you otherwise are qualified to receive benefits you are eligible to continue doing so.

If you require further clarification, please do not hesitate to ask.

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Patrick, Esq.
Patrick, Esq.
California Employment Lawyer
7530 Satisfied Customers
Significant experience in all areas of employment law.