IDES determination Pension disqualification for benefits
Hi Terry,
I’m writing g on behalf of my wife whom after numerous phone calls, faxes, missed appointment phone calls(by them) finally got somewhere with a guy name Carlos at IDES who called back one early morning. After talking with him she ended up getting $5,000.00 into direct deposit. And he told her to keep certifying so she will keep getting benefits. Well she certified this week.(seems ok). Today she got three letters in the mail stating they want all funds back. This is insane. IDES states that jan my wife is ineligible again because she works in the school district 60 and because of pension she is not entitled to benefits. She is retired and collecting a pension but she now was substituting as a school nurse. The district was not taking pension out now while she has been subbing part time for over a year. What is your advise?
Terry Says
Ugh, this is a tough one. But she has run afoul of a little-noticed provision in the IDES law that says if you are collecting a pension from that employer you cannot collect unemployment at the same time, even if you are still working (and even part-time) for that same employer. (A pension from a previous employer would not count against you.)
Here is the provision:
It is Reason #10 for “disqualification” from receiving unemployment —
10. You will be paid or have received a retirement pension or other similar periodic payment for the week for
which you claim benefits. One-half (50%) of your retirement pension payment (if paid for in part by your
base period or chargeable employer) or all (100%) of your retirement pension payment (if the base period
or chargeable employer paid all of its cost) is deducted from your unemployment insurance benefits.
I know this is a blow, but she will have to make arrangements to pay this back. Their mistake.
