How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18814
Experience:  Employment/Labor Law Litigation
20011183
Type Your Employment Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

I have been recently been off by my employer. I'am receiving

Customer Question

I have been recently been laid off by my employer. I'am receiving a pension from a former employer. I have filed for unemployment benefits. Can I receive Unemployment benfits?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 9 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

New Jersey will only discount your pension payments if the employer that you are receiving the pension from is also part of the unemployment claim. Now, people mistakenly think that if it is a new employer that they left, the pension paying employer can't be part of the claim but that isn't true. Your claim period is based on the last 52 weeks, called a "base period." Sometimes though, it can reach as far back as 18 months if they are looking at an alternate base period (typically if you didn't work enough weeks in the main base period....at least 20). In such cases, if a person very recently retired, the employer paying the pension is also one of the base period employers and then the pension will reduce the unemployment benefit.

However, if you retired from this pension paying employer farther back than 52 weeks and worked more than 20 weeks with your new employer, the pension won't count against unemployment.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Related Employment Law Questions