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Old 04-23-2012, 10:38 AM
 
2 posts, read 4,210 times
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Default Pension Impacts on Unemployment

If I start receiving my pension May 1st, it will reduce my unemployment to zero. Does it reduce it to zero when I started the request to start the pension with an effective date of May 1 or does it get reduced to zero effective May 1st? The decision I received from NJ Unemployment was my unemployment was being stopped 4 weeks before May 1st with the claim that I was already receiving my pension. My pension starts the beginning of a month and payment is made at its start. It is not a situation where it starts one month and the first payment is the next month. This makes no sense to me and I have appealed the decision. Does anyone have an reason why I might lose the appeal?

Does anyone know how long it will take for the appeal process to start?

Since my unemployment will be zero in May, should I continue to file for unemployment in May while waiting for the appeal to be heard or will stopping the filing negatively impact the appeal process? What if May starts the Extended Benefits time period after Tier IV benefits? Does that change the answer about continued filing when zero benefit is expected for May forward?

Thanks for responding.
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Old 04-23-2012, 12:49 PM
 
Location: Wisconsin
13,487 posts, read 16,930,831 times
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My comments in bold:
Quote:
Originally Posted by a1newman View Post
If I start receiving my pension May 1st, it will reduce my unemployment to zero. Does it reduce it to zero when I started the request to start the pension with an effective date of May 1 or does it get reduced to zero effective May 1st?

Unless your company actually stipulates your pension is paid in arrears, NJ should not be reducing your benefits until you actually begin to receive payments.

The decision I received from NJ Unemployment was my unemployment was being stopped 4 weeks before May 1st with the claim that I was already receiving my pension. My pension starts the beginning of a month and payment is made at its start. It is not a situation where it starts one month and the first payment is the next month. This makes no sense to me and I have appealed the decision. Does anyone have an reason why I might lose the appeal?

Unless NJ has a default reasoning in its UE Code which assumes all pension payments are retroactive for the previous month, no, you should win the appeal. You will need to include in your appeal a statement from the employer that this pension is for the month going forward, not the previous month.

Does anyone know how long it will take for the appeal process to start?

Quite a while. Plan on one-two months, or longer. NJ is backlogged, although yours is a simple matter. Perhaps they'll rule on it quickly.

Since my unemployment will be zero in May, should I continue to file for unemployment in May while waiting for the appeal to be heard or will stopping the filing negatively impact the appeal process?

Not filing will do more harm than filing. Continue to file.

What if May starts the Extended Benefits time period after Tier IV benefits? Does that change the answer about continued filing when zero benefit is expected for May forward?

EB requires submission of work searches. If NJ continues to send you work search forms, continue to file. NJ may not even transition you to EB because of this situation. So, wait and see.
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Old 04-23-2012, 02:21 PM
 
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I know that pensions may or may not affect UI benefits, and social security is not supposed to, but I'm of the opinion that some states will argue that the act of applying for pensions/social security is the equivalent of taking yourself out of the labor market/retiring and therefore renders a claimant not "able and available."
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Old 04-23-2012, 04:16 PM
 
Location: Wisconsin
13,487 posts, read 16,930,831 times
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LOL - these states need to tell that to the seniors who have to work in retirement to supplement their minuscule/nonexistent pensions and/or Social Security in order to buy food and medicine. Pensions and SS are not synonymous with being out of the labor market. SS regs allow people to work past FRA and collect full SS because it recognizes the SS benefit is insufficient, as are many pensions - if they exist at all.

OP should argue he was forced to draw his pension for financial reasons and making the decision to do so did not take him out of the labor market - should NJ use that rationale.
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Old 04-24-2012, 01:54 PM
 
2 posts, read 4,210 times
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Quote:
Originally Posted by Ariadne22 View Post
My comments in bold:
Thanks for your help. NJ indicated that I needed to contact a claims examiner. I did so and I was advised not to file for any period where I expect the unemployment amount to be fully offset by the pension as that would be a waste of time.

As my pension is double my unemployment and my expenses are more than triple my unemployment, you can understand why after 18 months of unemployment I needed to increase my income. It is difficult to cut much more than I have already but I will cut out some other items like disability insurance I kept with the hope of getting re-employed and having it as needed.

I will admit that I am better off than the average long term unemployed but the offset due to pension receipt still sucks as it unfairly takes advantage of the individuals who have the most difficulty getting re-employed due to having too much experience (in other words too old). I will probably look into working for H&R Block or other tax organizations rather than as an actuary. I found that I know more about taxes than many of the people working at those organizations.
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Old 04-24-2012, 02:46 PM
 
Location: Wisconsin
13,487 posts, read 16,930,831 times
Reputation: 6145
Quote:
Originally Posted by a1newman View Post
I will probably look into working for H&R Block or other tax organizations rather than as an actuary. I found that I know more about taxes than many of the people working at those organizations.
Ha, so true, not only with tax preparation.

Good luck.
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