Can I receive Social Security spousal benefits with insufficient quarters from law enforcement career?
I need some advice about spousal benefits. I'm 63 and spent my career in corrections, which didn't pay into Social Security. I don't have the 40 quarters needed to qualify for my own SS benefits. My husband is 69, also retired from law enforcement, but he worked enough jobs that paid into SS. He started collecting his Social Security at 62. Am I eligible to receive spousal benefits based on his record? If so, how much would I get and when should I apply? I'm not sure if my government pension affects this either. The SSA website is so confusing!
17 comments
Victoria Jones
Yes, you can claim spousal benefits from your husband's record since you don't qualify for your own. However, you need to be aware of the Government Pension Offset (GPO) which will likely reduce your spousal benefit. The GPO typically reduces your Social Security spousal benefit by 2/3 of your government pension amount. For example, if your monthly pension is $3000, your spousal benefit would be reduced by $2000. The maximum spousal benefit is 50% of your husband's Primary Insurance Amount (not what he actually receives).
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Mateo Silva
•Thank you for explaining! I wasn't aware of the GPO. My pension is about $4,200/month. My husband's SS benefit is around $1,950/month. Does that mean I wouldn't receive anything as a spouse since 2/3 of my pension would be more than half of his benefit?
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Cameron Black
The previous response is correct but let me provide more details. Since your husband claimed at 62, he took a reduced benefit. Your potential spousal benefit would be calculated based on his Primary Insurance Amount (PIA), which is what he would have received at his Full Retirement Age (FRA), not his reduced amount. You can find his PIA on his Social Security statement. Also worth noting - if you claim spousal benefits before your own FRA (which is likely 66 and 4 months), your benefit will be reduced for early claiming as well.
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Mateo Silva
•This is getting complicated! So even though he's already collecting, I need to look at what he WOULD have gotten at full retirement age? And then I'd get half of that minus the GPO reduction? I don't think he has his Social Security statement anymore. Is there a way to calculate this without it?
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Jessica Nguyen
i was in similar situation. my pension is from state police and my wife's SS is what we rely on for extra. the GPO hit us HARD!!!!! we thought we'd get spouse benefits but got nothing!!! the 2/3 rule wiped everything out. check carefully before u count on any $$$
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Isaiah Thompson
•Same here!! The GPO is so unfair to public servants. Worked 30 years in public school system, and can't get a penny of my husband's SS even though he paid in his whole life. They call it "double-dipping" but we EARNED both benefits!!
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Ruby Garcia
This is a classic GPO situation. Based on your numbers ($4,200 pension and husband's benefit around $1,950), you likely won't receive spousal benefits. The GPO would reduce your potential benefit by $2,800 (2/3 of $4,200). Since the maximum spousal benefit would be around $975-$1,300 (depending on his PIA vs his reduced benefit), the GPO would eliminate it completely. However, you should still apply! Sometimes there are exceptions or other factors that could allow you to receive something. The application is free and then you'll know for sure.
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Mateo Silva
•That's disappointing but I appreciate the honesty. I'll still apply just to be sure. Is there a specific form for this situation or do I just apply for spousal benefits normally?
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Victoria Jones
You'll want to complete the standard Application for Retirement Insurance Benefits (form SSA-1). Make sure to indicate you're applying for spousal benefits. You'll need documents ready: your birth certificate, marriage certificate, and details about your pension. They'll also need your husband's Social Security number. The GPO calculation will be done by SSA after you apply.
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Alexander Evans
•And bring proof of your pension amount! I forgot that documentation and had to go back a second time. Wasted a whole day!!
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Evelyn Martinez
good luck actually reaching anyone at SSA to help with your application! i spent THREE WEEKS trying to get through on the phone when i needed help with my GPO questions. kept getting disconnected or put on hold forever. ended up having to take a day off work to go to the office in person and still waited 3 hours!
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Isaiah Thompson
•I've had great luck using Claimyr to reach SSA by phone! You can check it out at claimyr.com - basically they wait on hold for you and call when an agent is on the line. Saved me hours of frustration. They have a video demo at https://youtu.be/Z-BRbJw3puU that shows how it works. Way better than waiting at the office or getting disconnected over and over.
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Cameron Black
One more thing to consider - if your husband passes away before you, survivor benefits work differently than spousal benefits under GPO. The offset still applies, but survivor benefits are higher (up to 100% of what your husband received if you claim at your FRA). So even if you don't qualify for spousal benefits now, you might receive some survivor benefits in the future depending on your pension amount compared to his benefit.
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Mateo Silva
•I didn't know survivor benefits could be higher. That's good information to have, though obviously not something I want to think about. Does the GPO calculation work exactly the same way for survivor benefits?
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Victoria Jones
Yes, the GPO calculation is the same for survivor benefits (2/3 of your government pension), but as mentioned, the survivor benefit amount is higher to begin with (potentially up to 100% of your husband's benefit if you claim at your FRA, versus 50% for spousal benefits). I'd recommend scheduling an appointment with SSA to discuss both your current options and future planning. They can provide benefit estimates specific to your situation.
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Jessica Nguyen
•make sure u get somone who REALLY understands GPO when u talk to SSA!! my first meeting they told me completely wrong info and i made bad decisions based on it!!!
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Mateo Silva
Thank you all for the helpful information! I'll definitely apply and see what happens, but I won't count on receiving anything given the GPO reduction. I appreciate the tip about Claimyr for reaching SS - might try that instead of spending hours on hold. And I'll make sure to ask specifically about both spousal and potential future survivor benefits when I speak with them. This forum has been so much more helpful than trying to figure it out on my own!
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