• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Unemployment benefits and pension from a comapny that has merged

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

schoolnurse58

Junior Member
What is the name of your state (only U.S. law)? NJ
I am currently getting the max per month in NJ unemployment benefits. I claim benefits each week. I will be getting a pension check starting in three weeks from my former employer. Couple of questions:

Do I wait until I actually get my first pension check before notifying NJ unemployment when I fill out the weekly claim? I do not want to get overpaid by NJ on the UE benefits; however, I want to make sure that my pension check is actually being deposited in my account before I cut off the UE benefit. If I see my pension check deposited -- my plan currently is not to file anymore claims for UE (since my pension will be greater than my UE monthly -- they (NJ) will decide NOT to give me any additional UE benefits). Is this ok? Do I need to let NJ know ahead of time that I will be getting a pension? If so, why?

Additional questions: I have been working at this company for 40 years, then got laid off. They merged 3 times during my tenure. The pension plan was discontinued after the second merger -- but all the funds were frozen 13 years ago (meaning that the company, after the second merger, did not make any further contributions to the pension plan). Is it possible, just possible via some loophole, that I may still collect my pension and UE benefits because of this situation? I have a feeling that if I try to argue this, my current company and NJ UE will probably disagree with me. My points are: no contributions to my pension were made by the employer for the last 13 years, the pension plan was discontinued when the company merged. Any thoughts? Thanks
 


commentator

Senior Member
When you are receiving unemployment, when you filed a claim, you might have noticed that there were questions all over the documents that referred to pensions. Usually each week that you certify to receive an unemployment check there is a question about whether you received, began receiving, will be receiving a check from any kind of a pension fund. The reason is that the two things are mutally exclusive in some cases, but in some other cases it is fine to receive a pension.

It will have to do with exactly what the pension is for, whether it was contributory or non-contributory, and whether or not the pension is being received from the separating employer that is actually paying your unemployment claim. With all the issues you mention such as the buy outs that have occurred while you worked for this place, there will have to be a lot of information obtained before a pension decision can be made. The unemployment insurance system is the only entity that can make this decision. You will need to start this process long before you begin receiving the pension. You need to have all the pension documents provided to you and get into the unemployment system and let them advise you.

In the post that you resurrected to ask the question, you may have noticed that the lady had called in, said, "Can I get a pension and still get my unemployment?" as a general question, and she swears they said, "Yeah, fine you can get it!" and therefore she failed to report the pension and continued to draw her unemployment benefits until she was seriously overpaid. Then she had to spend a long time having her unemployment reduced and trying to repay the overpayments. You must call the system, explain who you are, have your information looked up, submit the pension information, and let them give you a decision concerning how and whether it will affect your benefits. To do anything else is dishonest and you will be committing unemployment fraud. Even if you stop the unemployment as soon as you receive your first pension check, you'll still be overpaid.

When you receive your first pension check, it will already be too late to stop receiving your unemployment insurance and not be overpaid. You will be paid the pension AFTER the first month has passed, and all during that month, if you've been drawing unemployment benefits, and it IS a pension that will affect your benefits, and you've not been dealing with it, you'll be overpaid already, even though you didn't get the first pension check until such and such later date.

And there is always the possibility, depending on the amount of your pension check and the amount that you are receiving in unemployment benefits, that you will be able to draw PART of an unemployment check for each week and still receive the pension. But this is something that must be worked out, by decision, with the unemployment system of your state. They are the only ones that will have your specific information on hand, will be able to see exactly what the pensions are, how much you have to draw from them, and how it will affect your unemployment benefits.

Nothing that you figure out here and no advice anyone can give you on an internet site will substitute for leveling with the unemployment system and getting this situation fixed before it starts. And you won't have this big overpayment issue that the lady on that other thread was dealing with. Don't overthink this and try to be smart. They have seen a million situations like yours and will be very ready to tell you exactly how it must legally be handled.

You say, "if I try to argue this with the unemployment system....." but really, there is NO arguing with the unemployment system. Pension systems I do not know about, but as I said, they will have seen this situation before, there will be law in place that deals with this situation, and believe me, you are not going to come up with any sort of new argument or present any sort of new viewpoint that is going to change their statutes. As to whether the situation with the pension will affect the unemployment insurance, there's no point in anyone here offering any opinion, because what we guessed won't matter.
 
Last edited:
Has unemployment benefits changed? Whe I was on it (in NY) they asked you 4 questions. (1)did you work last week? (2)did you look for work last week? (3)were you able and willing to work last week? (4)did you refuse any work last week?

Now they are asking about other income?
 

cbg

I'm a Northern Girl
Different states ask different questions, disney. From what I can see on the NJ website, NJ does indeed ask about pensions.
 

cbg

I'm a Northern Girl
You want to believe that there's any state that won't take into consideration other income earned while collecting UI, you go right ahead and think it, disney. Not all forms of other income are disqualifying, it's true, but there's not a state in the US that doesn't do some offsetting. Including NY.
 

commentator

Senior Member
In the first place, "money hungry states' has nothing to do with unemployment benefits. They're paid by the employers into a system that is exclusive, the money can ONLY be used for unemployment benefits. Having lots of unemployment money in the pool or not having lots of unemployment money in the pool makes absolutely no difference to the state financially, except as it is related to unemployment benefits. If they have a lot of people whore are unemployed and drawing, it will be because they have in the past had lots of people working and paying it in. And is only paid to the particular individual in question IF and WHEN they meet the eligibility criteria established according to federal law. And guess what? Receiving certain pensions disqualify you from receiving unemployment insurance in every state. It's the freakin' law. I almost guarantee that whether you're asked the question every week or not on your state's eligibility questionnaire, you have been asked about and instructed to report any change in your pension situation while you were signing up for benefits. And if you don't you'll get caught at it, and overpaid. It's the federal law at work there.
 

TheGeekess

Keeper of the Kraken
In the first place, "money hungry states' has nothing to do with unemployment benefits. They're paid by the employers into a system that is exclusive, the money can ONLY be used for unemployment benefits. Having lots of unemployment money in the pool or not having lots of unemployment money in the pool makes absolutely no difference to the state financially, except as it is related to unemployment benefits. If they have a lot of people whore are unemployed and drawing, it will be because they have in the past had lots of people working and paying it in. And is only paid to the particular individual in question IF and WHEN they meet the eligibility criteria established according to federal law. And guess what? Receiving certain pensions disqualify you from receiving unemployment insurance in every state. It's the freakin' law. I almost guarantee that whether you're asked the question every week or not on your state's eligibility questionnaire, you have been asked about and instructed to report any change in your pension situation while you were signing up for benefits. And if you don't you'll get caught at it, and overpaid. It's the federal law at work there.
I'd like to make this perfectly clear. Employers pay unemployment insurance to the state. Employees do NOT pay into that system. :cool:
 

cbg

I'm a Northern Girl
Caveat: There are three states where a portion of the unemployment tax is paid by the employee. But even in those states, the employer pays as much if not more, and in 47 states, the employer pays 100%.

I know what Commentator is saying - this is just for clarity.
 

schoolnurse58

Junior Member
Thank you. Interesting, I did not know that UE benefits would be effected the month "before" I would actually get my first pension check. If this is true, then I may already have an issue, as I submitted the form to my employer to activate my pension in the middle of the month (already drawing to UE checks). The first pension check will start next month. This week when I go to file for the weekly UE, will be the first time where I can honestly answer the question "have you applied for pension" -- as I did not apply for pension in the previous weeks. After reading the above, I am now concerned that I have been overpaid by two weeks in UE benefits??? Through no real fault of my own -- just following the instructions. Here's another question, I have been claiming on-line and answering the questions. When I answer the question for pension this time, it will obviously be different -- since, according the commentator, it looks like I already may have overdrawn, I hope that it will not automatically issue me another UE check for the week. You would think that the system would put up a red flag when you answer certain questions regarding pension and put a hold on issuing you a UE check -- but I have already seen that government technology is not all up to speed with what it should and shouldn't do. Looks like I should place a call directly and wait all day until I get someone on the phone to talk to about what to do next.

Another question...I don't understand how there would be a problem with "over drawing" the month before I get my first pension check if I am still unemployed???? If I don't get the UE checks in the month before I get my first pension check...then I will have NO MONEY to pay bills and live. Something does not sound right about that.
 
Last edited:

commentator

Senior Member
Sorry, when I made my statement about who pays U.I. I should have said, there were lots of workers working, and the employers were paying in on a lot of workers. Because the employer keeps an individual payroll record, and the system bills them according to each individual worker they have working for them. So ideally, there should be wages paid in on each worker, and if they never draw unemployment, it goes into a general pool of unemployment money that each state maintains that cannot be touched for anything else, and if they need unemployment and qualify, it is there for them, it has been paid in based on their wages individually.

That's why so many people think that it's like Social Security, they think it has been taken from their checks, because when the state does a search, there come all their own personal payroll records from covered employers. But cbg is right on, there's a tiny number of states that have actually figured out a way to make workers pay for at least a tiny portion of it. I pray to goodness my good old state, which is now the champion worst place in the nation to receive unemployment benefits doesn't get hold of this one!

Now to get to answers. I would advise you to go on and file this week's claim form on line, but on it, mark "Yes" to the question about did you receive a pension? And yes, indeed, it will be picked up by the system and it will stop your claim. This system has been in place and working fine for many years. No check will be issued for this week until this issue is resolved and a worker changes the code on this week's certification.
So do both. Send in the certification, with yes marked on the pension question, AND call them and go through the whole discussion and let them get the information.

As for having to hold the line for hours, yes, it is so. But the problem we have is that when we call somewhere, we are conditioned to expect instant service. You dial the phone, someone answers. If you're going to have to wait in line, wouldn't you rather do it at your house, in your jammies, drinking a cup of your coffee, or in a public office with a big bunch of other sweaty people you wouldn't necessarily choose to spend the morning with? And if the lines are jammed, it means SOMEONE is getting to talk to them, it might as well be you. So start early. Some phone systems begin at 7:00am, try this and see. Be patient. If you can't get in on Monday morning, which is traditionally the very busiest, try again Tuesday morning, but try early and persistently until you do get this problem worked out, because nothing else will do, you must talk to someone and you must get it straightened out.

The quicker you do, the less the likelihood you have been overpaid already. If they do determine you're already overpaid, no amount of argument on your part or claim that you just didn't understand or anything else will prevail. If your pension began two weeks ago, if you are going to be backpaid on your pension, then you will have been overpaid those two weeks on your unemployment. They won't aggressively pursue you, it's not a fraud overpayment that you did deliberately, there will be no penalties, but it will have to do with what they determine about your pension eligibility and your unemployment eligibility. Solve it as soon as you are able.

Now, about the issue of you are going to sign up for a month of pension, and you are not going to be paid for that month until after it has passed, but you will have begun to be paid your pension as of the first week. You are answering questions for unemployment benefits by the week. Each Sunday through Saturday week, you are answering the questions and will or will not be paid based on that week, whether you received any income or other money or had enough money to get by on or not.

When you stop the claim by answering "yes" to the pension question, you will not receive any money from unemployment until a decision is made. Then, as I said, you may receive no further money, you may receive part of a week's unemployment benefit, or you may receive the whole amount again with a pension decision in place. But it won't come in any way timely to cover you week to week as far as having something to live on.

Unemployment insurance is not a needs based program. When you signed up for it, they did not ask any income questions. You were not asked if you had other resources, or if you had a working husband who might be able to support you, or whatever. You are paid unemployment IF you qualify for it, when all issues are clear for you to be paid, when you are making the requisite job searches. You are not paid because otherwise you'd starve, or because you need something week to week and you're a real good person.

They are always making much about a proverbial "lottery winner" who is drawing unemployment. But if this were true, if you won the lottery this week, as long as you certified for benefits and stated that you were able and available and actively seeking work, you would be fully qualified for unemployment benefits. If your grandmother died and you inherited twenty million dollars, that doesn't disqualify you this week either. It's not work done for wages paid for by an employer.

In your situation, solve the pension question very quickly, so that you are not overpaid and won't have to possibly deal with not only a loss of some income, the unemployment weekly checks, but will have to give them some back with penalties. Certain kinds of incomes, some pensions, are considered the same by unemployment law as working and being paid wages. If you do that, and are paid for a week of unemployment, you have been overpaid, and if it happened because you failed to deal with it, you have committed unemployment fraud. Do every thing you can to make sure this doesn't happen.

Since unemployment is finite, there are only a certain number of weeks you are going to be able to draw it, and then it stops, and is over, some people make the decision not to sign up on their pension until they've drawn out all the unemployment they are entitled to. There is no mandate on when you have to begin drawing your pension. In many cases, you are making the decision to give up your unemployment when you begin your pension, because you can't do both. As I said, you didn't pay in the unemployment, you have no inherent right to it, and there's no restriction on when and how you choose to handle the pension issue. So it's one of those decisions you have to make.

If the decision goes that you are paid some of your unemployment each week, if the pension does not wipe it out, but merely lowers the amount you can get weekly, that is really a nice alternative, because you do not lose that money, you just get it for more weeks. In other words, if your unemployment claim has $10,000 in it to be drawn out, and instead of drawing the weekly maximum amount you set up for, you will only be getting $100 a week in unemployment benefits, you haven't lost any benefits. You'll just receive more weeks of unemployment benefits at the lesser amount, will continue to draw it weekly until you have drawn out the whole amount in the claim, but in far more than the standard 26 weeks.
 
Last edited:

schoolnurse58

Junior Member
Now to get to answers. I would advise you to go on and file this week's claim form on line, but on it, mark "Yes" to the question about did you receive a pension? And yes, indeed, it will be picked up by the system and it will stop your claim. This system has been in place and working fine for many years. No check will be issued for this week until this issue is resolved and a worker changes the code on this week's certification.
So do both. Send in the certification, with yes marked on the pension question, AND call them and go through the whole discussion and let them get the information.

As for having to hold the line for hours, yes, it is so. But the problem we have is that when we call somewhere, we are conditioned to expect instant service. You dial the phone, someone answers. If you're going to have to wait in line, wouldn't you rather do it at your house, in your jammies, drinking a cup of your coffee, or in a public office with a big bunch of other sweaty people you wouldn't necessarily choose to spend the morning with? And if the lines are jammed, it means SOMEONE is getting to talk to them, it might as well be you. So start early. Some phone systems begin at 7:00am, try this and see. Be patient. If you can't get in on Monday morning, which is traditionally the very busiest, try again Tuesday morning, but try early and persistently until you do get this problem worked out, because nothing else will do, you must talk to someone and you must get it straightened out.

The quicker you do, the less the likelihood you have been overpaid already. If they do determine you're already overpaid, no amount of argument on your part or claim that you just didn't understand or anything else will prevail. If your pension began two weeks ago, if you are going to be backpaid on your pension, then you will have been overpaid those two weeks on your unemployment. They won't aggressively pursue you, it's not a fraud overpayment that you did deliberately, there will be no penalties, but it will have to do with what they determine about your pension eligibility and your unemployment eligibility. Solve it as soon as you are able.

Now, about the issue of you are going to sign up for a month of pension, and you are not going to be paid for that month until after it has passed, but you will have begun to be paid your pension as of the first week. You are answering questions for unemployment benefits by the week. Each Sunday through Saturday week, you are answering the questions and will or will not be paid based on that week, whether you received any income or other money or had enough money to get by on or not.

When you stop the claim by answering "yes" to the pension question, you will not receive any money from unemployment until a decision is made. Then, as I said, you may receive no further money, you may receive part of a week's unemployment benefit, or you may receive the whole amount again with a pension decision in place. But it won't come in any way timely to cover you week to week as far as having something to live on.

Unemployment insurance is not a needs based program. When you signed up for it, they did not ask any income questions. You were not asked if you had other resources, or if you had a working husband who might be able to support you, or whatever. You are paid unemployment IF you qualify for it, when all issues are clear for you to be paid, when you are making the requisite job searches. You are not paid because otherwise you'd starve, or because you need something week to week and you're a real good person.

They are always making much about a proverbial "lottery winner" who is drawing unemployment. But if this were true, if you won the lottery this week, as long as you certified for benefits and stated that you were able and available and actively seeking work, you would be fully qualified for unemployment benefits. If your grandmother died and you inherited twenty million dollars, that doesn't disqualify you this week either. It's not work done for wages paid for by an employer.

In your situation, solve the pension question very quickly, so that you are not overpaid and won't have to possibly deal with not only a loss of some income, the unemployment weekly checks, but will have to give them some back with penalties. Certain kinds of incomes, some pensions, are considered the same by unemployment law as working and being paid wages. If you do that, and are paid for a week of unemployment, you have been overpaid, and if it happened because you failed to deal with it, you have committed unemployment fraud. Do every thing you can to make sure this doesn't happen.

Since unemployment is finite, there are only a certain number of weeks you are going to be able to draw it, and then it stops, and is over, some people make the decision not to sign up on their pension until they've drawn out all the unemployment they are entitled to. There is no mandate on when you have to begin drawing your pension. In many cases, you are making the decision to give up your unemployment when you begin your pension, because you can't do both. As I said, you didn't pay in the unemployment, you have no inherent right to it, and there's no restriction on when and how you choose to handle the pension issue. So it's one of those decisions you have to make.

If the decision goes that you are paid some of your unemployment each week, if the pension does not wipe it out, but merely lowers the amount you can get weekly, that is really a nice alternative, because you do not lose that money, you just get it for more weeks. In other words, if your unemployment claim has $10,000 in it to be drawn out, and instead of drawing the weekly maximum amount you set up for, you will only be getting $100 a week in unemployment benefits, you haven't lost any benefits. You'll just receive more weeks of unemployment benefits at the lesser amount, will continue to draw it weekly until you have drawn out the whole amount in the claim, but in far more than the standard 26 weeks.

Went on the site today to claim weekly benefits. As you correctly stated, now that I have checked off yes "did you apply for pension," and submitted the claim -- it came back with a pop up that stated that someone will contact me in several days while they review the claim -- no money was issued. I'll try calling tomorrow to talk to someone in person. I understand your explanation about not getting a UE check from an accounting perspective; however, from the viewpoint of a person who really needs the UE check in order to pay the bills -- and then not being able to get those checks for an entire month! Well, it just highlights a humanity flaw in the system. If you're unable to work and were granted UE benefits, it just seems only right that you should be entitled to those benefits until you actually get something to replace them with and not before because of bookkeeping. After all, I am not working for any company during that month (not by choice mind you)...I feel like someone is making out here...and it certainly doesn't feel like it's me. My first pension check is scheduled for Nov 1. I have withdrawn UE checks for the first three weeks in October. So, I am assuming that they will ask for that money back according to what you have stated (my weekly pension check will be just a hair better than my weekly UE check) -- just doesn't seem right, but, guess there is nothing I can do about it. Thanks for explanation and help, though!
 
Last edited:

commentator

Senior Member
It's related to the fact that unemployment isn't a Poverty Program, and no one should have the slightest qualm about drawing it, or be too proud, as some clients in the past have told me. It is set up to be an "insurance program" that provides some money, but is not in any way a complete income replacement. It was put into place so that employers couldn't simply starve striking workers into submission by cutting their working hours and leaving them without anything. They must have a good job related cause to get rid of the worker, or they will have to pay for their unemployment insurance, which will raise their tax rates.

And if you did win the hypothetical lottery, you wouldn't quit using your health insurance just because you were rich enough to be able to pay medical bills without using it, would you? It's the same principle with unemployment. But at the same time, it still doesn't mean you'll get the money just because you'd planned it and were counting on it personally. After all, if you'd been continued until you yourself chose to retire and draw your pension, without being laid off, there would have been no unemployment insurance at all for you.

But there may be a bit of good news in store for you. Let them do the calculations. If your weekly benefit amount and your pension amount are quite close, greater or less, there may be a chance you are able to draw out a small amount of unemployment each week as well as receiving your pension. And as I said, this means you'll eventually end up with the whole amount in your unemployment claim when it was set up, so you won't have lost anything. Let them work this out. If this is true, then even the certification you made today will be valid, and you'll be told to make the certifications each week, if any overpayment has been made already, they'll take care of it from this remainder money, and it'll be best case.

No matter what, no one else is "making out there" because you are not paid weeks of unemployment. That's because no one else can draw the unemployment benefits you have set up in your claim except you. It doesn't profit the system one iota not to give you a check this week. As I said they do not know or care to know about your personal financial situation, whether this is all the money you would have to live on or whether it's a drop in the big bucket of your weekly income. But the system very wisely chooses to err on the side of not paying when there is a question or issue with the claim instead of paying and then possibly having to get the money back.

But would you rather have the checks now and be overpaid, with possible fraud charges and have them recoup the money when you can not afford it, or would you rather wait and get a definitive answer and then possibly be backpaid the money for these weeks that you are really entitled to? I hope it works out well for you. Keep us updated.
 
Last edited:

schoolnurse58

Junior Member
Well, called UE today to try and talk to someone. The person I got on the phone wasn't all that informative; she simply told me that I have to wait until they set up a phone interview and then someone will contact me....this may take several days. One question I forgot to ask her, was if I should continue to file my weekly claims during this time...tried calling back, but not getting so lucky this time connecting.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top