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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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Im in Television in California. My show will be canceled in

Resolved Question:

I'm in Television in California. My show will be canceled in a few months and I'll be out of work. I took an early pension after my show was cancelled 3 years ago. The Writers Guild allows you to take an early pension and still get other jobs. Because I'm getting a pension but am losing my job can i still collect unemployment?
Submitted: 8 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 8 months ago.
Hello and thank you for entrusting me to assist you. I am very sorry to hear that your show is being cancelled.

With regard to pensions, Unemployment Insurance Code section 1255.3 provides that a pension payment is deductible from the amount of your unemployment benefits (meaning you are still eligible to receive benefits but must subtract the pension amount) if and only if:

- The pension is based on prior work for your employer; and

- It is paid under a plan maintained or contributed to by a base period employer (a base period employer is an employer whom your worked for during the four quarters immediately prior to your termination); and

- Your work after the beginning of the "base period" affected your eligibility to receive the pension or increased the award of the pension; and

- You didn't make any payment into the pension fund.

Basically, the EDD regards XXXXX XXXXX satisfy the above criteria as continued "income," and since you are still receiving "income," your unemployment benefits must be reduced by the amount of that income, even though you are no longer employed. In many cases, the pension benefits exceed what your weekly UI benefits would be, and therefore you are not eligible to receive benefits at all.

The EDD explains the rule regarding unemployment benefits and pensions more thoroughly here: http://www.edd.ca.gov/uibdg/Total_and_Partial_Unemployment_TPU_46055.htm

Essentially, if you contributed to the pension with your own earnings, the pension income will be exempt from your unemployment benefits calculation and will not affect it. If you didn't contribute and your pension satisfies the other criteria (which it seems it likely would), then your pension income will be deducted from the amount of UI benefits to which you'd otherwise be entitled. If the weekly amount of your pension benefits exceeds your weekly amount of UI benefits, then you would not receive any UI benefits at all.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
Patrick, Esq., Lawyer
Satisfied Customers: 6290
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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