New York Consolidated Laws, Labor Law - LAB § 600. Effect of retirement payments

1. Reduction of benefit rate.  (a) The benefit rate of a claimant who is receiving a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment which is based on his previous work, shall be reduced as hereinafter provided, if such payment is made under a plan maintained or contributed to by his base period employer and, except for payments made under the social security act   1 or the railroad retirement act of 1974,  2 the claimant's employment with, or remuneration from, such employer after the beginning of the base period affected his eligibility for, or increased the amount of, such pension, retirement or retired pay, annuity, or other similar periodic payment.

(b) The claimant's benefit rate shall be reduced by the largest number of whole dollars which is not more than the pro-rated weekly amount of such payment.  If the claimant was the sole contributor for the pension, retirement or retired pay, annuity, or other similar periodic payment, no reduction shall apply.

(c) If, at the time benefits are payable, it has not been established that the claimant will be receiving such pension, retirement or retired pay, annuity or other payment, benefits due shall be paid without a reduction, subject to review within the period and under the conditions as provided in subdivisions three and four of section five hundred ninety-seven with respect to retroactive payment of remuneration.

(d) For the purposes of this section, the terms “pension or retirement payment” and “governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment which is based on previous work” shall not include payments made from a qualified trust to an eligible retirement plan under the terms and conditions specified in section four hundred two of the internal revenue code   3 for federal income tax purposes, such payments commonly known as eligible rollover distributions.