Company SEP IRA contribution allowed?

[Stanman]

What is the name of your state (only U.S. law)? New York State

I'm attempting to navigate through the NYS DOL web and telephone resources to get an answer to this, but thought this place might be of help.

I was laid off from my company due to a lack of work and have been collecting unemployment. No longer salaried, I've been working hourly on an as needed basis for this company and on weeks when there has been work I've made enough to not receive any unemployment benefits for those weeks (over the limit). I of course made the proper claims and did not receive any UI money for the weeks when this happened.

However, the company has recently informed me that they would also like to contribute to my SEP (I had a Simplified Employee Plan IRA while fully employed) for the weeks I have recently worked for them. I'd love to be able to take this employer contribution and invest it towards retirement, but I'm not sure if this is a problem due to being on unemployment. I'd like to think that since I was over the limit on those work weeks anyways and did not receive any UI payment, it wouldn't matter if I received additional compensation on top of that for those particular weeks. I can see how this might be a problem for weeks I worked and earned less than the limit, where SEP money technically could put me over the limit.

Does anyone see potential problems if I went ahead with this? I know there are form questions asking my company if I am "currently receiving pension or retirement pay"? Does this mean actual distributions as income to me or also contributions made towards a retirement account that probably won't be accessed until 20 years from now when I qualify for retirement? There's also a question on "continuation of salary with fringe benefits", but I'm only working hourly part time "as needed" and am not on a salary, although these SEP contributions are likely considered a fringe benefit.