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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 36754
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was off from company T in 2008 in Oregon. In 2010 I began

Customer Question

Hello. I was laid off from company T in 2008 in Oregon. In 2010 I began receiving a pension from company T. In 2011 I joined company P in California, and will be laid off in 2015. I understand my pension should not offset my California unemployment. What I don't understand is the rule about the claimant making no payments into the pension. Should I check to see if I paid some into the pension and company T paid some? If I didn't pay into the pension will the pension be offset?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. Thanks for asking for me.

Under CA law, in order for your unemployment to be decreased because of a work pension you earn, 4 separate facts must exist.

1. The pension relates to prior employment

2. Wages earned from the employer paying the pension are included in your present claim's base period (which in your case is not possible as you have not worked for Company T in 7 years)

3. The pension plan is funded solely by your employer (meaning that you did not contribute to the pension).

So, even if all criteria but this one is met, if you paid into the pension fund---think a 401K where you paid part and your employer paid part----you still would be able to get a full unemployment claim paid. Only pensions that are 100% paid for by the employer are subject to being set off against your unemployment.

4. The time spent working for the pension employer increased the value of the pension or counted toward vesting of the pension.

Under the circumstances, there is no need for you to check on whether you paid into the pension with some of your own funds as none of the wages you earned in the base period for this unemployment claim came from the employer responsible for your pension.

You are good to go. You may collect full unemployment benefits as well as your pension from company T.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

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