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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Can I draw a state pension and collect unemployment in Cal

Customer Question

Can I draw a state pension and collect unemployment in California?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

Yes, you can receive pension benefits and unemployment at the same time. However, the amount you receive in unemployment will be subject to a deduction by an amount (but not reduced to zero) if your pension meets the following four criteria:

pension payment is deductible if:

1)It is based on the individual's prior work; and
2)It is paid under a plan maintained or contributed to by a base period employer; and
3)The claimant s work after the beginning of the base period affected eligibility to receive the pension; or

Work after the beginning of the base period increased the award of the pension; and

4) The claimant made no payment into the pension fund.

If your pension does not meet any of the above criteria then your unemployment will not be subject to any deduction due to receiving your pension amount.
Expert:  Joseph replied 4 years ago.

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