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LawTalk
LawTalk, Attorney
Category: California Employment Law
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Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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As a resident of California, can I receive a pension amount

Resolved Question:

As a resident of California, can I receive a pension amount larger than the amount of unemployment insurance awarded?  I have heard you can receive both the pension and unemployment benefits but must be able and actively looking for work.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.
Good morning,

I'm sorry to hear of the confusion.

In CA, you may receive a pension from any prior employer OTHER than one in your base year, and the pension will not be used by EDD to offset your unemployment benefits. The base year is the approximate 12 month period of time that EDD looks at, which precedes your date of unemployment, to determine your eligibility for benefits.

However, if the employer paying you the pension is also an employer in your base year---an employer who you worked for in the past 12 to 15 months, and who paid into unemployment on your behalf during your base year---then EDD will decrease your unemployment benefits if you also take a pension from that same employer wile you are receiving unemployment benefits.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation, and I trust you agree that it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

I wish you the best in 2012,

Doug
Customer: replied 2 years ago.

How much will EDD deduct or reduce the unemployment insurance since my pension is more?

Expert:  LawTalk replied 2 years ago.
Good afternoon,

I will presume that the pension you are referring to is from an employer in your base year---as you have not said---and only asked for offset rules. Here is the law:

"(a) Except as provided by subdivisions (c) and (d), the amount of unemployment compensation benefits, extended duration benefits, and federal-State extended benefits payable to an individual for any week which begins after March 31, 1980, and which begins in a period with respect to which that individual is receiving a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment which is based on the previous work of the individual shall be reduced, but not below zero, by an amount equal to the amount of the pension, retirement, or retired pay, annuity, or other payment, which is reasonably attributable to that week.


What it essentially means is that if you should get $300 a week, and you get $200 a week from your pension, then EDD will pay you the difference of $100 a week. If you pension is greater that your unemployment benefit, then you will not qualify for any unemployment benefit.

I wish you the best in 2012.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Kindly take a moment to rate my service to you based on the understanding of the law I provided.
I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

Thank you,

Doug
LawTalk, Attorney
Satisfied Customers: 27888
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you

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