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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.
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