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Old 07-05-2013, 11:29 AM
 
71 posts, read 135,859 times
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New to unemployment. I've worked for the company for 28 years. Currently, I work from home in NJ -- company has locations in both NJ and NY. Last year, for four months, I worked in the NY office -- they took NY tax out for the last 6 months of 2012. From Jan 1, 2013, taxes are NJ based. In a nutshell, over the last 10 years, 9.5 had NJ taxes and the rest was NY. I was reading that in order to get NJ unemployment benefits, they require that you have worked the last 18 months in NJ? Is this true? Give that I spent all this time paying into NJ tax over the last 10 years and only 4 months into NY, it doesn't seem logical. Plus, NJ unemployment benefits are better!
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Old 07-05-2013, 12:32 PM
 
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There's talk that NY and NJ have reciprocal benefits. I'd apply in NJ first, and if denied, you can always use that date to justify a full backdating of an NY claim with no lost benefits other than the likelihood of getting a smaller weekly benefit.
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Old 07-05-2013, 02:22 PM
 
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Thanks, Chyvan. Not sure what "reciprocal benefits" mean. Can you breifly describe? I'm assuming by your answer, that there is no hard-and-fast rule, and that despite my 6-month tenure in NYC last year, there is still a chance that NJ would would still grant me NJ unemployment benefits?
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Old 07-05-2013, 03:50 PM
 
Location: Wisconsin
25,090 posts, read 54,053,401 times
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It doesn't matter how many years you paid into NJ. What matters is in which state UI taxes are paid for your base-year earnings - and who your last employer is and where paying UI taxes.

If you file anytime within the next three months, your base-year earnings will be:

Q2 2012 - NJ
Q3 2012 - NY
Q4 2012 - NY
Q1 2013 - NJ

However, your last employer is paying UI taxes to the State of NJ.

File in NJ. You should not have a problem. Tax on 50% of your base-year earnings was paid to NJ - and your last employment is in NJ.

Worst-case scenario - NJ can use either of its alternate base periods to qualify you if the NY earnings present problem. ABP#1 will consider earnings to June 30, ABP #2 would consider earnings to the date you file - all of which since Jan. 1 have been from NJ.

Use this NJ benefit calculator - exclude your NY earnings, include ABP earnings. Your benefit should still be the max for your wages - both in amount and duration.

Department of Labor and Workforce Development

Examine your NJ monetary award letter carefully when it arrives. Check base-year earnings. We did recently have a NJ claimant who requested NJ use FL earnings from first quarter of her base year to improve her benefit.

//www.city-data.com/forum/29395266-post25.html

//www.city-data.com/forum/unemp...-denied-3.html

NJ accommodated her by filing a combined wage claim. You still receive the higher NJ benefit in that event. If NJ chooses to exclude one quarter of NY earnings which negatively impacts your benefit, call them and ask them to do the same.

Also, fyi - NJ handbook:

http://lwd.dol.state.nj.us/labor/for...s/ui/PR-94.pdf

Also, per these links, it appears NJ does not participate in the Reciprocal Agreement between states, which should not matter in your case.

http://www.workforcesecurity.doleta...._recip_cov.pdf

Information on Multiple State Payroll - Unemployment Insurance

Last edited by Ariadne22; 07-05-2013 at 04:02 PM..
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Old 07-05-2013, 04:07 PM
 
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Excellent, Ariadne! Thanks!
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Old 07-05-2013, 05:43 PM
 
71 posts, read 135,859 times
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Question on Pension effecting unemployment benefits. I will be getting a pension in the form an an annual annuity. Here's the tricky part -- this pension was an old pension plan that my employer contributed towards up until the year 2003 -- the old pension plan was replaced and whatever funds were in the plan at that time were frozen. So, nothing has been contributed to that plan since 2003. The fact that I will be geting a monthy check, will this then effect me getting an unemployment check?
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Old 07-05-2013, 06:01 PM
 
Location: Wisconsin
25,090 posts, read 54,053,401 times
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Quote:
Originally Posted by hockeyp21 View Post
Question on Pension effecting unemployment benefits. I will be getting a pension in the form an an annual annuity. Here's the tricky part -- this pension was an old pension plan that my employer contributed towards up until the year 2003 -- the old pension plan was replaced and whatever funds were in the plan at that time were frozen. So, nothing has been contributed to that plan since 2003. The fact that I will be geting a monthy check, will this then effect me getting an unemployment check?
From the NJ handbook:
Quote:
Will receiving a pension affect my claim?

Not all pensions affect unemployment claims, but some do. If you are
receiving a pension from an employer you worked for
during your Base Period,
your unemployment benefits may
be reduced by either 50% or 100% of your weekly pension
amount, as follows:

* If your Base Period employer contributed the entire amount
towards your pension, and you contributed nothing, your
unemployment benefits may be reduced by 100% of your
weekly pension amount.
Are wages from the employer paying your pension in your base-year? If so, it appears there may be a benefit reduction, as per above.
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Old 07-05-2013, 06:09 PM
 
71 posts, read 135,859 times
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Thanks Ariadne. But here is where I am confused. The pension plan that I will be taking was "frozen" back in 2003. Meaning, neither myself, nor my employer have made contributions to that plan since 2003. Since no contributions were made during my Base Period, am I entitled to full unemployment benefits? If I read this correctly, "during the Base Period" seems to be key.
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Old 07-05-2013, 06:19 PM
 
71 posts, read 135,859 times
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I have a feeling that I will not be entitled to any benefits here -- since the argument could be that it is still being provided by my current employer -- even though the plan was frozen and had no contributions since 2003.
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Old 07-05-2013, 06:19 PM
 
Location: Wisconsin
25,090 posts, read 54,053,401 times
Reputation: 22034
Quote:
Originally Posted by hockeyp21 View Post
If I read this correctly, "during the Base Period" seems to be key.
No. That is wishful thinking on your part. It has nothing to do with when the contributions were made and everything to do with if that employer is the employer against whom you are making the claim. Again, NJ clearly states:
Quote:
Not all pensions affect unemployment claims, but some do. If you are receiving a pension from an employer you worked for during your Base Period,
Also, if it was 100% funded by the employer, or if you also made a contribution. Further in the handbook it states:
Quote:
If both you and your employer contributed towards the
pension, your unemployment benefits may be reduced by
50% of your weekly pension amount.
* If you contributed the entire amount towards the pension,
and your employer contributed nothing, no reduction will
be made to your unemployment benefits.
* If you received a lump sum pension amount prior to age 59 1⁄2
and you were involuntarily separated from work, you may have
the pension amount to be reduced from unemployment insurance
benefits applied in the one week in which it was received.

see pp. 26-27
When I was let go, my employer was 100% contributory to a defined benefit pension (a lifetime annuity). My unemployment benefit was reduced dollar for dollar by the amount I received each month. WI calculated monthly pension amount x 12 divided by 52 to arrive at a weekly reduction.

If you contributed to this benefit, then only 50% of it will offset your UE. Otherwise, it will be a 100% offset. Most states do it this way. Nothing unusual here, at all.
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