pa unemployment with retirement?

by barb
(sayre,pa)

my company that i have worked fulltime for the last 40 years went bankrupt and the union UFCW has pension for us...we can receive the pension with 30 years and age 55.....still working at 59 but the place is slatted to close the end of feb....to be able to pay bills without a full time job that will be gone ...we can take pension but if we take our pension before the actual date the store closes are we still able to get pa. unemployment...and would it be the full amount as we are being unemployed due to no fault of our own and we need to take the pension....to make ends meet...wanted to be able to work a few more years but with the store closed we cant...also if we take the retirement before the actual day of closing can we still get the deal with the 65/35 deal corba insurance ...being single i have no other way to get health coverage like a spouses health care....the deal with corba ends feb 28,2010 so if i turn in for my last day worked would i able to get the corba deal and the unemployment or do i need to apply for retirement after the actual day of closing....we are being told that the end of the month the store will be closing unless the federal trade com..wont let Tops close and then it will be the day that they find a buyer that we will be let go...what a mess..but dont want to make a wrong turn taking retirement and then being told that i cant get the corba and the unemployment because i left before the actual closing day ...like i would take it feb 27 and they say that 28 will be last day and corba deals must be done by 2/28/2010..can you help me.....thanks....barb




Hi Barb,

I can help you out with the pension payments, but hopefully the senate will pass another extension which includes another COBRA Subsidy by Feb. 28

Go to Table 5-16 to see how PA treats pensions and retirement payments because they do have an effect on unemployment benefits. I doubt you would get the full amount of UC benefits because the pension was contributed to by your base period employer.

Another concern is that you mentioned Union.

Some states consider leaving a job before the layoff as a voluntary quit without good cause.

Pennsylvania doesn't address this particular issue in their "new" eligibility pamphlet so I suggest you call the state to find out if you will be disqualified from benefits if you quit pre-layoff just to get the subsidy.

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Jul 21, 2013
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Plant shut downs and pension 34 Pa. code 65.103
by: Stan

Thank you , It seems 34 Pa Code 65.103 is no longer in effect since 1998. Now I understand.It seemed to be in violation of a couple of federal laws.



Thank you, Stan. I didn't know that.

I keep thinking we should hear it's not okay for those states that reduced the duration of benefits to less than twenty six weeks, have done something wrong and not in compliance with federal law as well, but as of yet .. nothing and considering how long PA was basing UC decisions on 65.103 I suppose I shouldn't hold my breath.

Here's a link that may help explain what Stan discovered about Pa. Code 65.103 Subsection c which seems relevant to those working under a collective bargaining agreement, and about to accept a retirement package in lieu of a layoff.

Whoever says getting unemployment is not something that needs to be understood by employees while still employed .. has lost their mind in my opinion.

Nothing but well wishes for you, yours and the future Stan .. sincerely.

Chris


Jun 22, 2013
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Pensions and uc in Pa
by: stan

Check : Pa. Code 65.103 Subsection c is the answer to why age 55 can and 62 can not qualify for the exemption. It seems to imply forced retirement and age discrimination in an effort to enhance uc fund?



Hi Stan,

Did you read the Hornsberger etal decsion?

It provides an exception to 65.103.

It seems the decision has more to do with the terms and options for retirement prior to reaching the actual first retirement age of 62 .. or is it 63? I don't know .. I don't see how I will ever be able to retire until I'm dead.

Jun 02, 2013
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pension and uc deductions in Pa.
by: stan

If you can collect your pension before the plant shuts down then it will be deducted from your uc payments. Your total uc amount per week will be reduced by a formula that translates to about 1/4 of your monthly pension. If you can take it and you don't and wait until after the closing, it will still be deducted the same, but if you can't collect pension before the plant closes and become qualified to do so after closing it will not be deducted by any amount. Also, only pension earned with base year employer, in base year, with base year contributions count. A pension from other employ out of base year is not deducted from uc benefit in any amount. This is what happened to me, one pension was deducted 100%, it would have been 50% if I had contributed and not just the company. My pension earned from earlier employ had no effect on uc amount. I am 62 and $675 a month was taken out of my uc benefits per month, but some of the former fellow employees qualify to have nothing deducted and are only 55 years old ? The logic here escapes me,but that's the law. I appealed a denial for exemption of deduction in Dec. of last year and just heard back May 17,this year.



That logic would escape me also .. unless other employees, 55 elected, for tax purposes, or simply aren't allowed to draw their pension until 591/2 or something.

As far as I know, if you choose to collect UC and draw pension from BP employer .. it will/should be deducted from UC.

Thanks for coming back Stan and explaining the rules, but the logic of why 55 year old people aren't also having their Base Period pension deducted from their UC payments is escaping me also.





Dec 10, 2012
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U.C. with pension/ Stan's comment
by: den

Chris, in response to your question to Stan's posting, I found the same info at Pacode.com. I am hoping you can look into this and report. Thanks den

Can you link to the page where you found it?

Oct 06, 2012
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plant shut downs pensions and uc benefits
by: Stan

if plant shuts down and you retire after such date it has no effect on uc benefits in Pa.
Westinghouse Electric Corp. v, uc board of review 549A.2d 623 (Pa. cmwlth 1988);on reargument 561 A2d 80 (Pa. cmwlth. 1988)





Stan,

Is there anyway you could provide the url or web address for this decision so someone could read why this is important to the original subject of the question.

I wasn't able to find it in a basic internet search .. and that's pretty much all any claimant has access to unless they go to a law library.

I even checked for the decision here ..
http://www.pacourts.us/default.htm

But, they don't seem to go back that far.

Thanks,

Chris

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