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Can I claim spousal SS benefits now while delaying my own until 70 with the new WEP/GPO reform?

I'm trying to figure out what's best with the new WEP/GPO reforms being phased in. My wife and I were both public school teachers with state pensions, but we also worked enough in Social Security-covered jobs to qualify for SS benefits. My wife is 72 and started collecting her Social Security at 70 since she only had about 15 years in Social Security jobs. Her monthly SS benefit is around $1,750. I'm currently 68, still working part-time at a retail store (SS-covered), and was planning to delay my Social Security until 70 to maximize my benefit. With the WEP/GPO reforms being implemented, I'm wondering - could I claim spousal benefits (50% of my wife's) now while still allowing my own benefit to grow until I'm 70? Or will claiming spousal benefits now prevent me from switching to my own higher benefit later? Does anyone understand how this works with the new reform legislation? I don't want to mess up my strategy if I can get more money this way!

Unfortunately, you can't do what you're describing. Since 2016, the "restricted application" strategy that allowed people to take spousal benefits while letting their own grow is only available to people born before January 2, 1954. At 68, you were born after that cutoff date. When you file for any Social Security benefit now, you're deemed to be filing for ALL benefits you're eligible for (spousal and your own), and you'll receive the higher of the two. The WEP/GPO reforms don't change this particular rule - they only affect how your teacher pension reduces your Social Security benefits.

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KingKongZilla

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Darn, I was hoping the new legislation opened up that option again. So I'm still better off just waiting until 70 to file for my own benefit? My own benefit will be higher than half of my wife's anyway, so I guess there's no advantage to filing for spousal benefits now.

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Nathan Dell

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my sister and BIL did someting like this before but they is older then u. i think the rules changed a few years back. not sure tho maybe call SS and ask?

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KingKongZilla

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Thanks, I've tried calling several times but keep getting disconnected or waiting for hours. I'll keep trying though!

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Maya Jackson

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The WEP/GPO reforms in the SECURE 2.0 Act will help reduce the penalty on your SS benefits due to your teacher pension, but they won't change the basic filing rules for spousal benefits. Here's what you need to know: 1. The "file and suspend" and "restricted application" strategies ended for most people with the 2015 budget act. 2. The WEP/GPO reforms will be phased in gradually starting in 2025, reducing the penalty on your benefits by about 10% initially, then increasing until fully implemented. 3. For someone your age, waiting until 70 to file is likely still your best strategy if your own benefit will be higher than spousal. I'd recommend calculating your benefit with the reduced WEP penalty to see exactly how much you'll gain from the reforms. If you need to speak with someone at SSA about this, try using Claimyr (claimyr.com) - they'll get you through to a representative without the endless wait. There's a video showing how it works: https://youtu.be/Z-BRbJw3puU

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KingKongZilla

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Thank you for the detailed explanation! I didn't realize the WEP reform would only reduce the penalty by 10% initially. I'll check out that Claimyr service - anything to avoid those endless hold times.

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The rule change was in 2015 and it totally screwed over those of us born after 1/1/54! I missed it by TWO MONTHS and lost thousands in benefits I could have collected. The government keeps changing the rules on us and it's UNFAIR!!

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Amaya Watson

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Same here! Missed the cutoff by 5 months. These rule changes should be phased in gradually, not with arbitrary cutoff dates. At least the WEP/GPO reform is helping a little bit, but not enough.

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Grant Vikers

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I had a similar situation with my pension from the state university system. The way it worked for me (I'm 74 now) is that I had to file for all benefits at once. The SSA calculated my own benefit (reduced by WEP), compared it to my spousal benefit (reduced by GPO), and gave me whichever was higher. With the new reform, both your WEP and GPO reductions will be less severe over time, which is good news. But it doesn't change the filing rules. If you're still working at a job with Social Security taxes, every additional year can potentially increase your benefit and reduce the WEP effect. Remember that WEP is reduced if you have 21+ years of substantial earnings under Social Security, and eliminated completely with 30 years. So working longer helps in multiple ways.

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KingKongZilla

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That's really helpful context. I currently have about 23 years of substantial earnings under Social Security, so I'm in that zone where each additional year really helps reduce the WEP penalty. Maybe working until 70 is worth it for multiple reasons then.

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Has anyone actually received an updated benefit estimate from SSA showing how the WEP/GPO reform will affect them? I can't seem to find any concrete information on how much my benefit will increase.

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The SSA is still updating their systems to reflect the changes. They likely won't have updated estimates until closer to 2025 when the changes start being implemented. For now, you can estimate by calculating that the WEP reduction will decrease by about 10% initially.

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Nathan Dell

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my cousin works for social security and she says the computer systems are still being programmed for the new rules. they might not even have all the answers yet lol

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TYPICAL government inefficiency! They pass these laws but then can't even implement them properly or give us clear information about how they affect us! How are we supposed to plan for retirement???

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Grant Vikers

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To clarify one thing that might help with your planning: The WEP/GPO reform doesn't eliminate these provisions entirely - it just reduces their impact gradually over time. For the WEP, the maximum reduction will decrease from $534 in 2023 to about $438 in 2025, and continue decreasing for several years. For the GPO, the two-thirds reduction will be reduced to about 60% in 2025 and continue decreasing. If you're deciding between claiming now vs. waiting until 70, you need to calculate: 1. Your own benefit at 70 (including delayed credits) 2. How much the WEP reduction will be reduced by 2025+ 3. Whether your spousal benefit would be higher now In most cases like yours, waiting until 70 still makes financial sense, especially if you're still adding years of earnings that might count toward reducing WEP.

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KingKongZilla

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Thanks for breaking this down. From what everyone's saying, it sounds like waiting until 70 is still my best bet. Each extra year of work helps my case in multiple ways - more earnings to calculate my benefit, delayed retirement credits, AND potentially reducing my WEP penalty further.

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Amaya Watson

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I got caught in this same situation! Worked as a teacher for 25 years, then in private sector for 20. I waited until 70 to file and I'm glad I did. With the new reforms coming, you'll be even better off than I was. Just hang in there for 2 more years!

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KingKongZilla

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That's encouraging to hear from someone in a similar situation. I think I can manage two more years of part-time work. Thanks for sharing your experience!

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