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WEP and GPO being eliminated - How will Social Security Fairness Act affect my teacher pension and SS benefits?

Just heard some big news that Congress finally passed the Social Security Fairness Act! After decades of fighting, they've supposedly eliminated both the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO). I'm a retired teacher from Illinois with 28 years in a non-covered pension system, and I also have about 12 years of Social Security work. Currently, my SS retirement benefit is reduced by about $475/month because of WEP. My husband also receives Social Security, and I was told that when he passes away, I'd lose most of his survivor benefits due to GPO. Anyone else in a similar situation? I'm trying to understand what this means for people like us. The law supposedly went into effect retroactively to January 2024? How do I make sure I get the increased benefits? Do I need to contact SSA or will they automatically adjust my payments? And does anyone know if we'll receive backpay for the months they've been underpaying us? I've been waiting 15 years for this law to pass, and now I'm confused about what to do next!

After reading more on the SSA website, I want to clarify something important - not ALL teachers/firefighters/public employees will see a benefit increase. The change only affects those who receive pensions from work not covered by Social Security (about 28% of state/local public employees). If you paid SS taxes throughout your career, you weren't affected by WEP/GPO in the first place, so you won't see changes. Just wanted to mention this since I've seen some confusion on other forums!

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Exactly! I've been trying to explain this to my coworkers. I worked for the feds under CSRS (no SS taxes) while they're under FERS (pays into SS). They keep asking when they'll get their increase, and I keep telling them they won't because they weren't subject to WEP or GPO to begin with! The confusion around this is crazy.

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For those waiting on these adjustments, here's what I've learned after researching the implementation process: 1. The SSA is currently focusing on processing NEW claims correctly without applying WEP/GPO 2. For existing beneficiaries like most of us, they're developing both manual and automated processes to recalculate benefits 3. If you're receiving Social Security now with a WEP reduction, you don't need to reapply - they'll eventually adjust your benefit automatically 4. If you never applied for spousal/survivor benefits because GPO would have eliminated them, you should apply now 5. If you pay your Medicare premiums directly (rather than having them deducted from SS), continue doing so until notified otherwise The SSA webpage for the Fairness Act has an option to subscribe for updates, which might be helpful: https://www.ssa.gov/fairness-act

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Thank you for this detailed information! I just subscribed for updates. One thing I'm wondering - since my husband is still alive, I haven't applied for survivor benefits because of GPO. But should I apply for spousal benefits now? Would that be something different? I'm not sure I understand the difference or if I'm eligible for both.

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@aa0a55660898 Great question! Spousal benefits and survivor benefits are definitely different. Since your husband is still alive, you could potentially be eligible for spousal benefits (up to 50% of his benefit amount). Before the Social Security Fairness Act, GPO would have reduced or eliminated these spousal benefits if you receive a non-covered pension. Now that GPO is eliminated, you should definitely look into applying for spousal benefits if you haven't already! You can use the SSA's online benefit calculator or speak with a representative to see if spousal benefits would increase your total monthly income. Survivor benefits would only apply after your husband passes away (that's when you'd receive up to 100% of his benefit). Hope this helps clarify!

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Can I collect Social Security survivor benefits now that my ex-husband would have been 60?

I'm really confused about my eligibility for survivor benefits as a divorced widow. I'm 59 years old, and my ex-husband passed away (not sure if I need to specify when). He would have turned 60 last October. We were married for exactly 10 years before divorcing, and neither of us ever remarried. I've heard different things from friends - some say I need to wait until he would have been 62 to collect his Social Security benefits, others say I might be eligible when I turn 60. Does anyone know the actual rules for divorced survivor benefits? Do I need to wait until he would have turned 62, or is it when I turn 60? This is so complicated and the SSA website just confuses me more.

Based on all the comments, here's a summary that might help: 1) You can apply for divorced survivor benefits at age 60, 2) Your benefit will be reduced for claiming early (about 71.5% of the full amount), 3) The earnings test will reduce benefits further if you're working and earning above $22,750, 4) You'll need marriage certificate, divorce decree, and possibly your ex's death certificate, 5) You have options to switch between survivor benefits and your own retirement benefits later to maximize your lifetime payout. I'd recommend calling SSA at 1-800-772-1213 about 3 months before your 60th birthday to schedule an appointment and confirm what documents you'll need.

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Thank you for this clear summary! I'm going to save this and call SSA a few months before my birthday. It sounds like I might want to wait a bit longer to apply since I'm still working, but I'll discuss all the options with them. Really appreciate everyone's help in sorting through this complicated situation.

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Just wanted to add one more thing that might help - if you do decide to apply for survivor benefits at 60 while still working, you can actually request to have federal taxes withheld from your Social Security payments. This might be useful since the survivor benefits could push you into a higher tax bracket. You can choose to have 7%, 10%, 12%, or 22% withheld when you apply. Also, don't forget that survivor benefits aren't subject to the same "file and suspend" restrictions that regular retirement benefits have - you have more flexibility to start and stop these benefits if your situation changes. Good luck with whatever you decide!

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Confused about Social Security spousal benefits after filing at 62 with husband already collecting at 67

I've been struggling to decide when to start my Social Security and finally took the plunge to apply this year at 62. My husband started collecting his benefits when he turned 67 about two years ago. His monthly payment is quite a bit higher than what mine will be (mine's estimated around $1,450 while his is $2,875). Now I'm wondering - do I qualify for any spousal benefits since his benefit amount is larger? And if I do get some kind of spousal boost, would that reduce his monthly payment at all? I've heard conflicting things from friends and family about how this works. Sorry if this is confusing...I'm trying to figure out if I made the right choice by filing early or if I should have waited longer. Thanks for any help!

Just watch your first few payments CAREFULLY!!! Make sure the amount matches what they TOLD you it would be! I got underpaid for MONTHS because they didn't add the spousal portion correctly! Don't assume the computers get it right!!

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That's a good point, I'll definitely keep an eye on my payments once they start. I'm planning to create a folder to keep all my Social Security paperwork and notes from phone calls so I can track everything carefully.

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As someone who recently went through a similar situation, I wanted to add that it's worth asking SSA about the "restricted application" rules that changed in 2016. Since you're filing at 62, you're subject to "deemed filing" which means you're automatically applying for both your own benefit and spousal benefits simultaneously - they'll pay you whichever is higher. The key thing to remember is that both benefits get reduced for early filing, but the reduction rates are slightly different (about 25% reduction on spousal vs 30% on your own record when filing at 62). Also, make sure to ask them to send you a written benefit verification letter once everything is processed so you have official documentation of your benefit amounts. Good luck with your call tomorrow!

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Social Security earnings limit: Getting back withheld benefits after making under $22,320 in 2024

I'm so confused about how the Social Security earnings limit works! I started collecting my retirement benefits last January at 63, but I kept working part-time. For 2024, I earned about $21,800, which was under the annual limit of $22,320. Despite being under the limit, Social Security withheld EIGHT MONTHS of my payments (March through October) because they estimated I would earn over the limit based on my 2023 income. I filed my annual earnings report last week, proving my actual 2024 income was under the limit. The agent I spoke with said I would get all the withheld money back, but couldn't tell me WHEN or HOW I'd receive it. Will it come as one lump sum? Will they add it to my regular monthly payments? Should I expect it soon or will it take months? Has anyone dealt with this situation before? The money they withheld is around $13,600 which I really need to pay off some medical bills.

I just remembered something else - when I got my lump payment it showed up as "XXSOC SEC" on my bank statement which was different from my regular monthly deposit that shows as "XXXXSSI". So watch for that.

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Just a small correction - regular Social Security retirement benefits would show as "XXSOC SEC" on your statement, not "XXXXSSI". SSI (Supplemental Security Income) is a different program entirely from retirement benefits. But it's true that the lump sum payment might have a slightly different label on your bank statement than your regular monthly benefits.

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I'm in a very similar situation right now! Started collecting at 62 last year and they've been withholding my benefits since September based on their estimate. I actually called last month and spoke to a representative who walked me through exactly what happens: 1. Once they receive your annual earnings report, it goes into their system for processing 2. The system automatically calculates whether you were over or under the limit 3. If you were under (like in your case), they issue what's called a "retroactive payment adjustment" 4. This comes as a separate deposit, usually within 30-60 days of processing your report The rep also told me that you can check the status online through your my Social Security account - there should be a section that shows pending actions or recent transactions. I've been checking mine weekly and it shows "Annual Earnings Report - Processing" since I submitted mine in February. One thing that helped put my mind at ease: she confirmed that you WILL get every penny back that was incorrectly withheld, plus they'll adjust your ongoing monthly benefits if needed. The system is actually pretty good about these calculations once it gets the correct information. Hope this helps ease some of your worry while you wait!

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Missed survivor benefits after husband's death 10 years ago - can I still claim at 58?

My husband passed away suddenly in November 2015, and I was only 48 at the time. I spoke with someone at Social Security shortly after, and they told me I wouldn't qualify for survivor benefits until I was at retirement age. I'm turning 58 next month and recently saw something online about widow benefits being available as early as age 50 for some people? Now I'm worried I've been missing out on benefits for almost 8 years! Was I given incorrect information? If so, can I file for retroactive benefits? My husband worked for 31 years and had a good earnings record. I'm so confused and upset thinking I might have lost out on thousands in benefits because someone at SSA gave me wrong information.

Zara Shah

Author

I really appreciate everyone's help here. I'm frustrated that I wasn't given complete information years ago, but at least now I understand I'll be eligible when I turn 60. That's still two years away, but it gives me time to plan. I'm going to gather all my documents and apply three months before my 60th birthday as suggested. And I'll definitely use that Claimyr service to avoid the phone frustrations. Thanks again everyone - this community has been more helpful than the actual SSA office was!

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One final tip: While you're waiting to turn 60, it would be a good idea to create a my Social Security account at ssa.gov if you haven't already. You can view your own earnings record and get estimates of your retirement benefits. This will help you compare your own retirement benefits to potential survivor benefits and make a more informed decision about when to claim which benefit. Best of luck!

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I'm so sorry for your loss and the frustration you've experienced with getting clear information. Unfortunately, this situation is more common than it should be. The SSA representatives sometimes don't explain all the options available, which can lead to years of missed opportunities. Just to add to the excellent advice already given - when you do apply at 60, make sure to ask about "deemed filing" rules. Since you'll be eligible for both survivor benefits and potentially your own retirement benefits in the future, understanding how these interact is crucial for maximizing your lifetime benefits. Also, keep in mind that survivor benefits aren't subject to the earnings test once you reach full retirement age, unlike regular retirement benefits. This could affect your decision about when to claim if you're still working. The fact that your husband worked for 31 years with good earnings should mean a decent survivor benefit for you. Hang in there - you're almost at the finish line!

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