< Back to Social Security Administration

Can I now get widows benefits with WEP/GPO changes if I receive teacher's pension (TRS)?

I retired from teaching after 27 years and receive my pension through the Teachers Retirement System (TRS). My husband passed away in 2000 when he was only 49 years old. He worked construction and paid into Social Security his entire adult life. When I applied for widow's benefits back in 2021, I was told I couldn't receive anything because my teacher's pension was $237 above what was allowed under the Government Pension Offset (GPO) rule. I've been hearing about this new Social Security bill that changes how WEP/GPO works for people like me. Does anyone know if this would help my situation? Would I now qualify for at least some portion of my late husband's Social Security benefits? I'd appreciate any insights from people who understand these complicated rules.

You might be in luck! The Social Security Fairness Act that's been discussed would eliminate or modify the GPO (Government Pension Offset) that's been preventing you from collecting widow's benefits. When it's fully implemented, you should be eligible to receive some portion of your husband's Social Security benefits regardless of your teacher's pension amount. I'd recommend calling SSA directly to discuss your specific situation once the changes are officially implemented. It's still working its way through the system, but there's definitely hope for your situation.

0 coins

Thank you for the hope! Do you know when these changes will actually take effect? I've been waiting over 20 years and every extra month matters at this point.

0 coins

The changes to WEP/GPO are being phased in gradually, and how much you'll benefit depends on your specific situation. The formula is changing so that instead of losing most or all benefits, you'll likely receive a more fair proportion based on your actual work history. Since you mentioned your pension was just barely above the threshold before, you have a good chance of qualifying for at least partial widow's benefits. Here's what you should do: 1) Request a benefit calculation from SSA specifically asking how the new rules affect your case 2) Bring documentation of both your TRS pension amount and your husband's Social Security earnings record 3) Ask specifically about retroactive benefits (though these may be limited

0 coins

My mom was in almost this EXACT same boat!!! Teacher for 30 yrs, dad died young, got nothing from his SS. Such a ripoff after he paid in his whole life!!!

0 coins

I've been fighting this stupid GPO rule for 15 YEARS!!!! It's absolutely CRIMINAL how they treat teachers, firefighters, and other public servants who paid into different systems. My husband worked 45 years paying into Social Security and I get ZERO of his benefits because I taught children for 30 years. The whole system is broken and even if they change it now, it's TOO LATE for many of us who have been struggling for years. Don't hold your breath waiting for these changes - they've been promising reform for decades.

0 coins

I'm sorry you've been struggling with this too. It really does feel unfair after our spouses paid into the system their whole lives. Have you contacted your congressional representatives about your situation?

0 coins

my aunt had this same problem but she got around it by working at walmart for 10 years after retiring from teaching. she earned enough quarters to qualify for her own ss benefit which was small but then she could get more of her late husbands benefit too. might be too late for you to do this tho, not sure how old you are

0 coins

That's not quite how it works. Working at Walmart wouldn't help with the GPO reduction on widow's benefits. The GPO reduces spouse/widow benefits by 2/3 of your non-covered pension regardless of whether you qualify for your own SS benefit. What helps is if you have substantial earnings under Social Security yourself, which can reduce the impact of WEP (a different provision).

0 coins

I've helped several retired teachers navigate this exact situation. The Social Security Fairness Act proposes complete elimination of both WEP and GPO, but what's likely to pass is a modified version with phased implementation. Based on your situation (being just slightly above the threshold), you'll likely qualify for partial widow's benefits once the changes take effect. Unfortunately, getting accurate information from SSA about this can be frustratingly difficult. Their phone lines are constantly jammed, and you might wait hours only to get disconnected. I've had clients use a service called Claimyr (claimyr.com) to get through to SSA quickly. They have a helpful video demo at https://youtu.be/Z-BRbJw3puU showing how it works. It's been a game-changer for people needing to discuss complex situations like WEP/GPO changes with actual SSA representatives.

0 coins

Thank you for the detailed information. You're right about the difficulty reaching SSA - I've tried calling multiple times and either couldn't get through or was on hold forever. I'll check out that service you mentioned to see if it helps me connect with someone who can give me accurate information about my specific case.

0 coins

my mom went thru this & was told she could only get like $37 a month from my dads ss even tho he worked 40+ years in construction!!! totally unfair system that punishes teachers!!

0 coins

It is frustrating! The 2/3 offset from GPO often leaves people with very small benefits or nothing at all. The good news is that the proposed changes should help people in this situation receive more of their spouse's earned benefits.

0 coins

I researched this extensively for my own situation (retired state employee with pension). The current proposal would phase out the GPO over 5 years, reducing the offset by 20% each year. So if this passes, you would initially get 20% more than current rules allow, then 40% more the following year, and so on until the offset is eliminated. Based on your numbers, if your teacher pension exceeded the threshold by only $237, you would likely qualify for benefits in the first year of implementation. However, I recommend waiting until the legislation actually passes before getting too excited - we've seen similar proposals die in Congress many times before.

0 coins

You're absolutely right about not counting on this until it's actually signed into law. There have been so many false starts with WEP/GPO reform over the years. The phased implementation is the most likely scenario though, based on the current legislative text.

0 coins

did u work any jobs that paid into ss during your career? even part time summer jobs count and might help your case

0 coins

I did work at a retail store during summers early in my teaching career, but it wasn't enough quarters to qualify for my own benefit. The SSA representative said those earnings wouldn't help with the GPO problem.

0 coins

CALL YOUR SENATORS AND REPRESENTATIVES NOW!!! This bill needs public pressure to pass. I've been calling mine weekly reminding them how many retired teachers, police, and firefighters are in their district who vote regularly! The only way this passes is if they feel pressure from constituents.

0 coins

YES!!! My mom has been writing letters every month! The more people who contact congress the better chance we have!!

0 coins

One important update: if the legislation passes in its current form, there could be some retroactive adjustments, but likely limited to 12 months maximum. So while you won't recoup benefits from the full 20+ years since your husband passed, you might receive a lump sum payment covering the retroactive period once you're approved. Also, when you do contact SSA, make sure you're specifically asking about widow's benefits (RIB-LIM) rather than spousal benefits, as the calculations and eligibility criteria are different.

0 coins

Thank you for mentioning the RIB-LIM specifically. I wasn't aware there was a technical term I should be using. This is all so complicated to navigate, I appreciate all the help.

0 coins

I finally got through to SSA last week after trying for days. If you need to speak with them directly about your specific case, try calling right when they open at 8:00 AM Eastern time. I've found Monday and Tuesday are slightly better than later in the week. Be prepared with your husband's SSN, death certificate information, and the exact amount of your current TRS pension. Having all this ready saved me time once I finally got through to a representative.

0 coins

i always have better luck going to my local office in person tbh. the wait is long but at least ur not stuck on hold forever and then randomly disconnected

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,574 users helped today