Can I draw unemployment compensation in the State of WA, when I retire from the military in AUG 2010

by Anonymous
(Washington)

I am retiring from the military in AUG 2010 after completing 30 years of service. My retirement is not by choice, but by imposed rules that do not allow me to go beyond 30 years of service.

I would like to know if I can draw unemployment compensation in the state of WA after I retire until I find a new job to replace the lost income.


Hi,

Washington State will take a look at YOUR compulsory retirement and interpret their statutes as to whether it is an "involuntary separation" or not.

What I don't know is if the conditions (all the paper and regulations of being in the military for 30 years constitutes an employment contract, which could seen as a condition of employment, which you willingly accepted the fact that you would HAVE to retire at a certain time.

I did try to find something by doing a little searching, but couldn't find much. You might be better off looking for information about airline pilots and compulsory retirement. A number of years ago the company I worked for was all in a tizzy over claims that were allowed over the issue of compulsory retirement of airline pilots. It was a state specific issue.

You are free to search the Washington precedents.

But you actually have two issues.

If they do allow benefits, I think you will have the problem presented by receiving a pension. I'm sure your military pension would wipe out most if not all UI benefit because the retirement would be coming from a base period employer and that makes it deductible income as far as UI benefits are concerned.

Once you move beyond the base period, it would not effect any UI benefits any longer should you be laid off from whatever job you do get.

Additionally, I might add that because you would be filing a claim based upon military service, the state which you apply in .. is the set of unemployment statutes which apply.

Chris