< Back to Social Security Administration

Can I receive spousal Social Security benefits with WEP reduction as a former teacher?

I retired from teaching 3 years ago and started collecting my own Social Security benefits when I turned 68 this year. My monthly benefit is only $476 because of the Windfall Elimination Provision (WEP). My husband is 70 and receives about $2,450 per month from Social Security. We've been married 26 years, and I'm wondering if I can get any spousal benefits based on his work record? Would the Government Pension Offset (GPO) completely wipe out any potential spousal benefits? My teacher's pension is $3,275 monthly from a state that didn't participate in Social Security. Any advice would be so appreciated!

Yes, you likely qualify for spousal benefits, but the Government Pension Offset (GPO) will reduce them significantly. GPO typically reduces spousal benefits by 2/3 of your government pension amount. So with your $3,275 pension, that's about $2,183 that would be deducted from any spousal benefits.Normally, a spousal benefit at your age would be 50% of your husband's benefit, which would be about $1,225. After the GPO reduction, you'd get nothing since the deduction ($2,183) exceeds the potential benefit ($1,225).I was in a similar situation with my wife's teacher pension. We tried calling SSA multiple times but kept getting disconnected. We finally used Claimyr (claimyr.com) to get through to an agent - they got us connected in about 20 minutes when we'd been trying for days. They have a video showing how it works: https://youtu.be/Z-BRbJw3puUThe SSA agent confirmed the GPO calculation and helped us understand our options. Worth checking with SSA directly to verify your specific situation.

0 coins

yep this is right. my mom was a teacher for 31 years and got hit with both WEP and GPO. SSA doesn't make it easy to understand these rules!! she got basically nothing from dad's record because of GPO. stinks but thats how it works

0 coins

Are you sure your own SS benefit is affected by WEP and not GPO? They're different rules. WEP reduces your OWN benefit if you have a pension from non-covered employment, while GPO reduces SPOUSAL/SURVIVOR benefits. Either way though, with a pension that large, you probably won't get spousal benefits because of the GPO reduction.You should check if you might qualify for any exceptions - sometimes if you have 30+ years of substantial SS-covered earnings alongside your teaching career, the WEP reduction can be eliminated or reduced.

0 coins

Thank you for clarifying! Yes, it's WEP that reduced my own small SS benefit (I worked some covered jobs before teaching). I was hoping there might be some loophole since we've been married so long, but it sounds like GPO will eliminate any spousal benefits. I only have about 15 years of SS-covered work, so not enough for the exception.

0 coins

WEP AND GPO ARE TOTALLY UNFAIR!!! I worked 25 years as a firefighter and MY WIFE can't get anything from MY record because of this GPO garbage. We paid into the system just like everyone else but get PUNISHED for having government jobs that served our communities!!! Congress needs to repeal these ANTI-TEACHER, ANTI-PUBLIC SERVANT rules!!!! There are bills to repeal them EVERY YEAR but they never pass!!!

0 coins

Mei Liu

While I understand your frustration, it's worth noting that teachers in non-covered states didn't actually pay into Social Security for those teaching years - they paid into a separate pension system instead. The rules are designed (though not perfectly) to prevent

0 coins

Have you tried making an appointment at your local SSA office? Sometimes the online calculators and general advice don't account for every situation. My sister-in-law was in a similar position (teacher in Texas) and thought she'd get nothing, but when she actually met with someone, they found some quarters of coverage she didn't realize counted. Worth checking!

0 coins

That's a good idea. I'll try to make an appointment. The local office is always so busy though, and last time I called the 800 number I waited over an hour and got disconnected.

0 coins

good luck getting through! took me 6 tries last month lol

0 coins

have u checked if ur eligible for the public service loan forgiveness program too? my wifes a teacher and we just found out she qualifies after 10 yrs of payments. not related to SS but might help ur finances

0 coins

I paid off my loans years ago, but thank you for the suggestion! At this point I'm just trying to maximize our retirement income since we're both fully retired now.

0 coins

I forgot to mention in my earlier comment - you should definitely verify if your husband has filed for his maximum benefit. Since he's 70, he should be receiving his maximum possible benefit with delayed retirement credits. If he claimed earlier, there might be options to consider, though they're limited once you've both filed.

0 coins

Yes, he waited until 70 to maximize his benefit. We did that planning part correctly at least! Just frustrated that my teaching career means I can't access spousal benefits like other married people can.

0 coins

Mei Liu

Since your husband is already collecting his benefits, here's what you should know about your options:1. The GPO reduction is calculated as 2/3 of your non-covered pension amount ($3,275 × 2/3 = $2,183)2. The maximum spousal benefit you could receive would be 50% of your husband's Primary Insurance Amount (PIA), not necessarily 50% of what he's currently receiving after delayed retirement credits3. Your own benefit of $476 would be compared to the potential spousal benefit minus the GPO reductionIf you haven't already, request a calculation from SSA specifically addressing your GPO situation. Sometimes there are exceptions or special calculations that might apply based on when you began teaching or if you had any covered employment during those years.

0 coins

This is really helpful information. I didn't realize it was based on the PIA rather than the actual benefit amount with delayed credits. The system is so complicated!

0 coins

my neighbor said sometimes u can get a divorced spouse benefit even with GPO if that applies? were either of u married before?

0 coins

No, this is the first and only marriage for both of us. We've been together 26 years.

0 coins

To clarify, divorced spouse benefits are still subject to GPO, but sometimes the benefit amount might be different depending on the ex-spouse's earnings record compared to the current spouse. But since this doesn't apply to your situation, it's not relevant here.

0 coins

Call your congressional representative!!! Seriously!! These WEP/GPO laws are UNFAIR and they need to hear from more affected people. My husband and I both lost thousands because of these penalties and it's THEFT of benefits we should receive!!

0 coins

Mei Liu

While contacting your representative is always an option, it's important to understand that WEP and GPO have been controversial but established parts of Social Security policy since the 1980s. Several repeal bills have been introduced over the years, but they face significant hurdles due to the potential cost to the Social Security Trust Fund. In the meantime, it's best to work within the current rules to maximize benefits under the existing system.

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,574 users helped today