Social Security Administration

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just curious did you collect on your own record before switching to your ex's survivor benefits? i heard you can switch back and forth to get the best deal but never understood how that works

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You're referring to a strategy where someone could claim one type of benefit and later switch to another. For example, a person could claim a spousal or survivor benefit first, allowing their own retirement benefit to grow until age 70, then switch to their own (now larger) retirement benefit. However, this flexibility was largely eliminated for most people by the Bipartisan Budget Act of 2015, with some exceptions for specific groups. The rules are complex and depend on birthdate and specific circumstances.

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Thanks everyone for all the helpful responses! I understand much better now. It seems clear that my survivor benefits from my ex-husband will end with me and can't transfer to my new spouse. We'll make sure to look into maximizing my fiancé's benefits when the time comes. I appreciate all of you taking the time to explain this!

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Glad we could help clarify things. One additional suggestion - make sure your fiancé understands the eligibility for Social Security disability (SSDI) as well, since he's not yet retirement age. If any health issues arise before he reaches full retirement age, knowing the SSDI process could be beneficial. Wishing you both happiness in your new chapter together!

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I'm really confused about all this WEP talk. I thought WEP only applied to people who didn't pay into Social Security enough quarters? Or is that the other one... GPO? I get them mixed up. My husband worked for the railroad and I know his pension affected something with my benefits but I can never remember which is which...

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You're confusing WEP and GPO. WEP (Windfall Elimination Provision) reduces your OWN Social Security benefit if you worked in jobs where you didn't pay Social Security taxes (like some government or foreign jobs) AND also worked enough in SS-covered jobs to qualify for benefits. GPO (Government Pension Offset) reduces spouse/survivor benefits if you receive a pension from non-covered government work. The railroad retirement system has special coordination with Social Security that works differently from either of these provisions.

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The good news with the WEP reform proposals is that there seems to be bipartisan support for some kind of fix. The bad news is that they've been trying to fix it for years with no success yet. For those wondering about the status, there are currently multiple bills in Congress addressing WEP reform. Some call for full repeal, others for a modified formula that's less punitive. Most include some retroactive payments for those already affected, though likely not full retroactive amounts going back years. I think it's smart that you delayed benefits to age 72 regardless of what happens with WEP reform. That 40% increase for delaying claim from 67 to 72 is substantial and would help offset the WEP reduction even if reform never passes.

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Yes, that was my thinking at the time - that delaying would at least partially offset the WEP reduction. What I didn't anticipate was potentially getting both the full non-WEP amount AND the delayed credits if reform passes. That would be a significant windfall for me and others in similar situations. Do you happen to know which specific bill has the most support currently? I'd like to contact my representatives about it.

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The Social Security Fairness Act (H.R. 82 in the last Congress) had the most co-sponsors, but there are other bills with different approaches too. The Ways & Means Committee has also discussed compromise solutions. Best approach is to contact your rep and express support for WEP reform generally rather than a specific bill, since the final solution might be a compromise version.

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Just to provide a bit more clarity on the technical side: Under current law, the WEP reduction is capped at no more than 50% of your husband's non-covered pension (his state pension). So sometimes the actual reduction is less than the maximum WEP amount I mentioned earlier. Also, remember that for GPO, the current reduction is 2/3 of his government pension amount. So when calculating potential benefits after a repeal, you'd need to add back that reduction to see the full impact. One other point - while many commenters are skeptical about legislative action, there has been more bipartisan support recently due to teacher and first responder advocacy groups pushing hard for these changes. The proposed Social Security Fairness Act has gained significant traction in the current session.

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Thank you for the additional details. The 50% cap on WEP reduction is interesting - I didn't know that. His state pension will be around $2,800/month, so I guess that means his WEP reduction couldn't be more than $1,400 anyway? I'm trying not to get my hopes up too much about the legislation passing, but it would certainly be life-changing for us and many others in similar situations if it does.

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my friend's husband was in same situation exact situation and they got so confused they hired a financial advisor just to figure out all this GPO/WEP stuff!!! cost them $500 but they said it was worth it just to understand what they'd actually get. might be worth considering if you can afford it

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That's not a bad suggestion, but be careful about who you hire. Look specifically for advisors who specialize in federal/state retirement systems and have experience with WEP/GPO calculations. Many general financial advisors don't fully understand these complex provisions.

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My father-in-law went through something like this. What they don't tell you is that once you're at full retirement age, you should check again with SS. Sometimes the calculations change and you might be eligible for more. The whole system is designed to be confusing so people don't get everything they're entitled to!

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This is partially correct but needs clarification. The WEP and GPO calculations typically don't change at full retirement age. However, life changes like the cessation of a pension or the death of a spouse can affect the calculations. It's always good to check with SSA when circumstances change, but reaching FRA alone doesn't usually modify WEP/GPO impacts.

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I'm dealing with a similar mess right now. My husband has a federal pension and I'm on SSDI. The whole system seems designed to punish people who worked in public service. Have you talked to a financial advisor who specializes in federal benefits? We found one who really helped us understand our options better than any SSA rep could.

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That's a great suggestion. We haven't consulted with a financial advisor who specializes in this area. Do you have any suggestions on how to find one? I agree that the system seems unnecessarily complicated, especially for those who've worked in both public and private sectors.

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my wife didnt get any extra $ when i filed last yr even tho i get almost $3000 a month and she only gets $1400. ssa told us she only qualifies if half my benefit is MORE than her own. its not 50% of what im getting now but 50% of my pia or something like that. kinda confusing system if u ask me lol

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You're absolutely right - it's 50% of the PIA (Primary Insurance Amount), which is what you would receive at your Full Retirement Age, not including any delayed retirement credits. The SSA benefit calculations can definitely be confusing!

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One thing nobody mentioned yet - if your husband hasn't filed yet, make sure HE understands that when HE files for his benefits, it won't change anything about how YOU file for spousal benefits. Some people get confused and think both spouses need to apply at the same time, or that the higher-earning spouse needs to do something special to "enable" spousal benefits. But the process is: 1) He files for his benefits when he's ready, 2) Once he's entitled to benefits, you become eligible for spousal benefits IF they would be higher than your own (which in your case, they wouldn't be). Also, keep in mind that if he passes away later, you would be eligible for survivor benefits equal to 100% of what he was receiving, which WOULD be higher than your current benefit.

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Thank you for this additional information. I hadn't even thought about survivor benefits yet, but that's important to understand too. I'll make sure my husband knows that his filing won't affect my current benefits.

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