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  1. #1
    Join Date
    Mar 2010
    Posts
    3

    Default Pension Law

    My question involves unemployment benefits for the state of: calif.

    4 years ago i retired and began recieving my service pention for 25 years of service, my employer stopped paying into my pention fund at this time.

    I was off for 3 months when my employer asked me to come back in a different role within the company. I took the new union approved position and my employer continued paying into unemployment insurance on my behalf for the past 4 years. They provided me with a 401K that I have been contributing into.

    I am now unemployed due to lack of work !

    I filed for benifits after reading Pention Law Section 1255.3 B Interpretations and definitions #3, although my 401K is not a pention as they talk about and i am working for the same employer but they are not paying into the original pention fund on my behalf. http://www.edd.ca.gov/UIBDG/Total_an..._TPU_46055.htm

    Am i elidgble for benifits? They have set up a phone appointment it appears they are questioning my elidgibility.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Pension Law

    Whether or not you're eligible for benefits will depend upon UI's decision. The phone interview is meant to gather more information in order to make the proper decision.

  3. #3
    Join Date
    Mar 2010
    Posts
    3

    Default Re: Pension Law

    I understand it will depend on there decision,
    What I was looking for is some confidence. I am hoping for an interpretation from a professional of the section noted against my circumstances.
    thank you

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Pension Law

    You retired and started to receive your pension. Then you went back to work for the company, and what happened with the pension? The benefits continued because it's a vested benefit triggered by your prior retirement, or they ended because you were no longer retired. If the latter, after you were laid off did you obtain a resumption in your pension by again declaring that you were retired?

    If you receive a pension that the Department determines is deductible from your weekly unemployment benefit, the EDD will deduct the amount dollar for dollar from your weekly benefit amount (WBA).

  5. #5
    Join Date
    Mar 2010
    Posts
    3

    Default Re: Pension Law

    aaron,
    I continued revieving my pention through these past 4 years,
    Receiving a pension that the Department determines is deductible, is the question. Based on my circumstances and pention law "attached link" it seems to me that it may not be deductable. Pention Law Section 1255.3 B Interpretations and definitions #3,http://www.edd.ca.gov/UIBDG/Total_an..._TPU_46055.htm
    just looking for help,
    Thanks

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