Dismissal/Severance Pay and Pensions Frequently Asked Questions

If you have retired and are not seeking employment, you are not eligible for unemployment insurance benefits.

If you are retired and are actively seeking work, you may be eligible for unemployment benefits under the same conditions as other workers. However, your weekly benefit rate may be reduced by 100% of the weekly equivalent of the prorated amount of the pension you are receiving from a base period employer even if you did not contribute to the pension. If you were the sole contributor to the pension then your benefit rate will not be reduced. The Telephone Claim Center will make a determination of any reduction in your weekly unemployment benefit rate. As with other determinations, you may request a hearing if you disagree with the reduction.
It is your responsibility to notify the Telephone Claims Center if you become eligible for a pension while receiving benefits. Failure to do so could result in an Overpayment Determination.

You may be eligible for Unemployment Insurance if the weekly payments of dismissal or severance are less than the maximum benefit rate.

You will not be eligible for benefits if:

You may be eligible to collect benefits if:

If you are still unemployed when your dismissal or severance pay ends, you should file a claim for benefits. You should do this even if you are not sure if you have enough earnings, or if you filed a claim when you started receiving dismissal or severance pay. We will determine if you are eligible for benefits.

Unemployment Insurance law defines dismissal pay as payments made by an employer to an employee due to separation from employment. Severance pay is considered dismissal pay.

Dismissal/severance pay does not include payment for pension, retirement, accrued leave and health insurance or payments for supplemental unemployment benefits.

No. Any dismissal/severance pay you receive within 30 days of your last of employment, whether as a lump sum or in payments made to you over a period of time, may affect your benefits.

Usually, the time period covered by the lump-sum payment will be clearly spelled out in your severance /dismissal pay agreement or plan. If it is not, the Department of Labor's Telephone Claims Center will determine the time period that the lump-sum payment covers. They will look at your actual average weekly pay or the average weekly pay of your highest-earning calendar quarter in your base period to determine the length of time covered by the lump-sum dismissal/severance payment.