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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19306
Experience:  Employment/Labor Law Litigation
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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: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year 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 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.

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