Can you collect unemployment and pension at the same time

There are different answers to the question, "Can a retired person be eligible for unemployment benefits?" depending on your specific circumstances. But the short answer is that if certain conditions are met, you probably are_;_ If other conditions are met, you're likely not. The best way to sort this out is to take a look at the general requirements for eligibility.

Conditions Making it Likely (Not Certain) You're Eligible

To be eligible for unemployment compensation, you can't be fired for cause and you can't voluntarily quit your job unless there were specific reasons such as sexual harassment, for instance. If your company has a mandatory retirement age, when you reach that age you leave the job, you don't have a choice. If you're recently retired because you reached your company's mandatory retirement age and your only income is from Social Security, you're probably eligible for unemployment compensation. In all cases, no matter which state you live in, you must have earned a certain amount of money in a 12-month base period to qualify. Base-period calculators are available online that help you determine your eligibility based on earnings in the base period. If you've retired very recently, however, your earnings before retirement are almost certainly sufficient to qualify you for benefits.

Even if you've met these conditions, you're probably eligible because in all cases:

  • Benefits criteria differ from state-to-state. To determine if you're eligible or not, you'll need to read the unemployment compensation regulations for your particular state. 
  • Your unemployment eligibility is initially determined by an unemployment compensation counselor or "interviewer" who reviews your claim. If your counselor finds you ineligible, there are ways of appealing. Consult your state's regulations for details of the appeals process. 

Tip

When applying for unemployment benefits in retirement, remember that you have the same obligation to maintain eligibility as all other applicants. You must be actively looking for work and you need to meet your state's unemployment compensation department's reporting requirements.

A Condition Making it Uncertain You're Eligible

There's one basic requirement for benefits that could make your eligibility uncertain. You're ineligible if you've quit your job without cause. If you voluntarily take retirement early, it could be argued that you've quit without cause_._ Unfortunately, there's no hard and fast rule determining eligibility in this situation. Since your application will be reviewed by a state unemployment counselor, it's always possible that he could rule against you. If so, you have the right to appeal.

A Condition Making It Likely You're Ineligible

If you're receiving a company pension or drawing on your 401(k), this counts as income with respect to your unemployment compensation eligibility. The requirements vary somewhat from one state to another, but the general rule is that beyond a certain dollar amount, income received reduces the amount of your unemployment compensation benefit. At some point, your pension payments or 401(k) income disqualifies you entirely.

The income eligibility calculation can get complicated. In Pennsylvania, for example, if you're receiving 401(k) benefits that were contributed entirely by your employer, the amount of your unemployment benefits are reduced dollar-for-dollar. If, on the other hand, you also contributed to your pension plan, then every dollar you receive from your 401(k) reduces your weekly unemployment benefit by 50-cents. California has a similar regulation but adds additional qualifications and restrictions. Other states calculate benefit reductions similarly, but the details of the calculations vary from state-to-state.

At some point, no matter which state you live in, your pension benefits, if sufficiently large, disqualify your unemployment benefits entirely.

On this page:

  • Severance or Wages Paid Instead of Notice of Layoff
  • Retirement Pension
  • Disability Insurance
  • Military Retirement or Disability Pay
  • Workers’ Compensation
  • Wages Earned While Requesting Unemployment Benefits
  • Jury Duty
  • See Also

Severance or Wages Paid Instead of Notice of Layoff

Severance Pay

Severance pay is a sum of money that an employee is eligible to receive upon separation. Employers may have a company policy to pay severance pay.

You must report any severance pay to TWC when you apply for benefits or by calling a Tele-Center at 800-939-6631. Under Texas law, you cannot receive benefits while you are receiving certain types of severance pay. We will mail you a decision on whether your severance pay affects your unemployment benefits.

Wages Paid Instead of Notice of Layoff

Wages paid instead of notice of layoff are payments an employer makes to an employee who is involuntarily separated without receiving prior notice.

You must report any wages paid instead of notice of layoff to TWC when you apply for benefits or by calling a Tele-Center at 800-939-6631. Under Texas law, you cannot receive benefits while you are receiving wages paid instead of advance notice of layoff. We will mail you a decision on whether your wages paid instead of notice of layoff affect your unemployment benefits.

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Retirement Pension

You must report any retirement pay to TWC when you apply for benefits or by calling a Tele-Center at 800-939-6631. TWC may be required to deduct your retirement pay from your unemployment benefits. We will mail you a decision on whether your retirement affects your unemployment benefits.

Retirement pay may be deductible from your benefit payments:

  • Pensions, retirement pay, annuities, and other similar periodic payments are deductible only if based on wages earned from a base-period employer. They are not deductible if based on wages earned from other employers.
  • Social Security Old Age Benefits (OAB) are not deductible.
  • Railroad retirement is not deductible.

If we determine that your retirement pay is deductible from your unemployment benefits, then we convert the amount of your monthly pension into a weekly amount and reduce your weekly benefit payment by that amount.

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Disability Insurance

You must report any disability insurance payment such as Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) to TWC when you apply for benefits or by calling a Tele-Center at 800-939-6631. We do not reduce your unemployment benefits if you receive SSI or SSDI; however, you may not be eligible for benefits depending on whether you are able to work. We will mail you a decision on your eligibility for unemployment benefits.

  • If you have a permanent disability and receive SSDI, you may be eligible for unemployment benefits even if you work part time.
  • If you receive SSI, you must be able to work full time to be eligible for unemployment benefits.

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Military Retirement or Disability Pay

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Workers’ Compensation

You must report workers’ compensation to TWC when you apply for benefits or by calling a Tele-Center at 800-939-6631. You may not be eligible for benefits depending on the type of workers’ compensation you receive. We will mail you a decision on whether the type of workers’ compensation you receive affects your unemployment benefits.

  • If you receive Impairment Income Benefits (IIB), you may be eligible for unemployment benefits.
  • If you receive certain types of Temporary Income Benefits (TIB), Supplemental Income Benefits (SIB), or Lifetime Income Benefits (LIB), we cannot pay you unemployment benefits.

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Wages Earned While Requesting Unemployment Benefits

If you work during a week for which you are requesting payment, you must report your work and earnings. We reduce your weekly payment by the amount of your earnings. View a tutorial on how to calculate earnings

Can you collect unemployment and pension at the same time
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Jury Duty

Pay for jury duty is considered a reimbursement, not wages. Do not report jury pay to TWC.

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Can you collect unemployment and a pension at the same time in NY?

Otherwise, it would appear that they were “double-dipping.” However, a 1980 amendment in the Federal Unemployment Tax Act, as applied in New York, permits pensioners to receive unemployment benefits as well as their pension under certain circumstances.

Can you collect unemployment and a pension at the same time in PA?

Pensions and retirement payments are deducted from UC if a base-year employer maintained or contributed to the pension plan and base-year employment affected the claimant's eligibility for, or increased the amount of, the pension.

Can I collect unemployment if I receive a pension in California?

The pension is not deductible from the unemployment benefits because the services performed by the claimant after the beginning of the base period neither affected the claimant's eligibility to receive the pension nor increased the award of the pension.