Social Security Administration

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Thanks everyone for the helpful information! I talked with my husband about all this, and we're going to look up his exact pension amount and do that GPO calculation to see what we're dealing with. Sounds like if the Social Security Fairness Act ever passes, we'd be in much better shape, but we shouldn't count on that happening anytime soon. I guess I'll go ahead and file for my benefits when I turn 70 in December, and then we can apply for his spousal benefits after that. At least the survivor benefits might help him somewhat if I pass away first, even with the GPO reduction.

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That sounds like a good plan. One more thing - make sure your husband requests a Social Security Statement (Form SSA-7004) to verify his exact number of credits. Sometimes there are earnings that weren't properly recorded, especially from long ago. It's possible he might be closer to 40 quarters than you think if there were any reporting errors. And yes, filing at 70 maximizes your benefit, which is especially important since it also maximizes any potential survivor benefits for your husband later.

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I heard you need 10 years of work to get ANY SS benefits at all, so if he's only got 29 quarters (about 7 years) doesn't that mean he's completely out of luck for his OWN benefit regardless of this GPO stuff? That's what happened to my aunt.

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You're correct. To qualify for retirement benefits based on your own work record, you need 40 quarters (10 years) of covered employment. With 29 quarters, the original poster's husband doesn't qualify for his own retirement benefit. However, the 40-quarter requirement doesn't apply to spousal or survivor benefits. You can receive those regardless of your own work history, though as we've discussed, the GPO will reduce them if you receive a non-covered government pension.

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I went through this exact process last yr. They told me the same thing about only getting a small amount when I first applied. Turns out there's a HUGE reduction when you take your own benefits early AND then try to get divorced spouse benefits. The math gets complicated. Basically, they look at the difference between your reduced benefit and 50% of your ex's FRA benefit (which is also reduced because you filed early). For most people, that difference is tiny. But here's what nobody tells you - they'll recalculate when your ex actually files! So even though you can apply before he files (since you're divorced >2 years), you might get a different amount after he files. It's worth applying now anyway just to get in the system.

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That's interesting - they'll recalculate when he actually files? I didn't realize that. So even though the amount might be small now, it could potentially change later? That's definitely good to know. I think I'll go ahead and apply and just accept whatever small increase I might get now.

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One more important detail - alimony has no effect on your Social Security divorced spouse benefits. They are completely separate programs. Your eligibility for divorced spouse benefits is based on: 1. Marriage lasting at least 10 years (yours was 25, so you qualify) 2. Being at least 62 years old (you are) 3. Being currently unmarried (you mentioned staying single for alimony purposes) 4. Your ex being eligible for benefits (at 66, he is) The reduction in your benefit is purely mathematical - it's about when you filed for your own benefits (at 62) and how that affected both your own benefit amount and any potential divorced spouse benefits. At this point, I would recommend filing for the divorced spouse benefit even if it's small. There's no advantage to waiting since your ex's delayed retirement credits won't increase your divorced spouse benefit.

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Thank you, this is very helpful! I'm going to apply for the divorced spouse benefit right away then. Even if it's just a small amount, every bit helps with today's inflation. I appreciate everyone explaining why the amount is small - that makes much more sense now. The SSA rep really should have explained this instead of just telling me to come back later!

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does anyone know when the changes actually start??? i heard some people saying next month but others said it could be YEARS before we see a penny!!!!!

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Implementation schedules vary by provision and are specifically outlined in the legislation. Some aspects may take effect within months, while others could be phased in over several years. This is typical for major Social Security changes to minimize budget impacts. The SSA will need time to update their systems and processes to accommodate these changes. Your best bet is to periodically check the official SSA website for updates specific to GPO/WEP changes, as they'll post implementation timelines once they're finalized.

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I think I'm affected by this too but I'm getting widows benefits and my deceased husband's fire pension. But I've always gotten both full amounts? Now I'm confused if I should be worried about reductions or happy about increases lol

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If you're receiving both your husband's fire pension AND full Social Security survivor benefits without reduction, it's possible your situation is different. Some pensions are from jobs that were covered by both their pension system AND Social Security (meaning Social Security taxes were paid), which wouldn't trigger GPO. Or there could be other exceptions applying in your case. I'd recommend verifying with SSA that you're not subject to GPO rather than assuming the new law will change anything for you.

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Thanks everyone for the helpful responses! This clears up a lot of my confusion. I'm going to take that consulting job and not worry about an earnings limit. I'll talk to my tax person about possibly making estimated quarterly payments to cover the extra income and maybe adjusting my withholding on my Social Security benefits too. Really appreciate all the explanations!

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That sounds like a good plan! Talking to a tax professional is definitely wise in this situation. If you're doing consulting work, you might also want to ask about potential deductions for business expenses that could help offset some of the tax impact. Enjoy your consulting work!

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I just wanted to apologize for my earlier response. I was confusing the rules before and after FRA. My husband was still 6 months away from his FRA when he went back to work, which is why he saw a reduction. Thank you to everyone who provided the correct information!

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we all get confused with these complicated rules! the SSA website makes it so hard to understand anything!!

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BTW make sure u know filing at 62 means permanently reduced benefits! I did it and sometimes regret not waiting longer

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This is an important point. Filing at 62 results in a permanent reduction of about 30% compared to waiting until Full Retirement Age (FRA). For someone born in 1963, FRA is 66 years and 10 months. And if you wait even longer, until age 70, your benefit would increase by 8% per year beyond FRA.

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After reading through this thread, I want to summarize the correct information for clarity: 1. You cannot receive both your own retirement benefit AND an ex-spouse benefit at full value simultaneously. 2. If eligible for both, you receive the higher of the two amounts. 3. The "restricted application" strategy that allowed collecting one benefit while the other grows was eliminated for anyone born after January 1, 1954. 4. At age 62, both your own retirement benefit and any ex-spouse benefit would be reduced by approximately 30% from their full retirement age amounts. 5. The rep likely meant you'd receive $900 total (not $900 + $600). I strongly recommend getting a detailed benefits calculation from SSA showing your options at different claiming ages before making any decisions.

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Thank you for this clear summary. I've scheduled another call with SSA for next week and I'll specifically ask for benefit calculations at different ages. This has been so helpful!

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