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Old 05-09-2010, 07:42 AM
Location: Baltimore
1,802 posts, read 7,422,671 times
Reputation: 1921


Forgive my ignorance about this - I was employed for 34 years of my adult life and fortunately was never in the position of applying for unemployment benefits. This is purely a theoretical question at this point.

I retired a little over a year ago from employment with state government and have been collecting my pension each month. During this time, my prior employer has contacted me several times to discuss coming back to work on a part-time basis, and each time I have politely declined. Meanwhile, my plans to relocate out of state have been temporarily placed on hold.

A few weeks ago, my old boss called once again and asked me to consider coming back to work on a special project. This time I agreed to try it on my terms - 24 hours a week with one day physically at the office and the other two days working from home. I will sign a one year renewable contract where I will be treated as an employee with a W-2 and not an independent contractor with a 1099.

Under the terms of my retirement, as long as I do not earn over a certain threshold amount, the "double-dipping" will not affect the amount of my pension. So I will continue to receive my monthly pension check.

This got me wondering...if, due to budgetary restraints or the completion of the project, the contract is not renewed at the option of the employer, would I be eligible to collect unemployment compensation? Or does the fact that I would continue to collect my pension negate that?

Just curious...
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Old 05-09-2010, 08:26 AM
361 posts, read 634,172 times
Reputation: 496
Janetvj, my acquaintance was facing a similar but not identical problem. Fortunately she was placed in a different job. But someone gave her dicey advice to put her second job (!) on a 1099 basis to preserve eligibility for UI. Told her I'd visit her in jail! But to answer your question, it depends on the rules of the state where you live and work. Here is some interesting reading on the subject: Personal Business - When Pension and Unemployment Checks Don't Mix - NYTimes.com
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Old 05-09-2010, 08:53 AM
Location: Baltimore
1,802 posts, read 7,422,671 times
Reputation: 1921
Thanks HarryLou - I'll check that out. Also, I know you have to be actively seeking work and willing to accept it if offered in order to be eligible. That part could be an issue!
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Old 05-09-2010, 10:01 AM
75,685 posts, read 75,090,806 times
Reputation: 52993
each state has its own spin but usually they follow along the same lines.

they look at all the retirement money you draw... it coud be 401k's, pensions, annuities etc..

if you contributed 100% of the contributions then nothing is subtracted off unemployment.

if your company paid 100% for your pension then 100% of what you get is subtracted off unemployment

if you both contributed then 1/2 the money can be subtracted off the unemployment.

like i said each state will generally mold that concept around what they want to do

Last edited by mathjak107; 05-09-2010 at 10:09 AM..
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