Can my ex-husband (CSRS) now collect Social Security spousal benefits under me with the new WEP/GPO law changes?

The new WEP/GPO reform legislation would primarily affect HIM as the CSRS retiree, not you as the FERS employee. Under the old rules, his Social Security benefits were likely reduced by the Windfall Elimination Provision (WEP) because of his CSRS pension. The Government Pension Offset (GPO) would have reduced any spousal/survivor benefits he could claim on YOUR record by 2/3 of his CSRS pension. With the reforms, he might see some increase in his own $320 benefit if WEP was applied. As for claiming on your record - since you were married over 10 years, he is technically eligible for ex-spouse benefits, but whether it makes financial sense depends on your earnings history compared to his. For him to get anything additional, your work record would need to generate a benefit amount more than twice what he currently receives.

my husband had the SAME EXACT SITUATION!! he was csrs for 30 years and i was fers for 22 years. the gpo killed his benefit from my record before. now with the new rules we are going to social security next month to get his benefit recalculated. they told us on the phone we have to go in person and bring marriage certificate etc. but yes he might be entitled to more!!!

This is a great question about the WEP/GPO reform and ex-spouse benefits. You're right that the rules are changing, but there are important details to understand: 1. Your ex-husband should definitely contact SSA to have his benefits reviewed. The legislation phases in changes over time, so the impact this year might be different than future years. 2. For him to get ex-spousal benefits based on your record, your primary insurance amount (PIA) would need to be high enough that 50% of it would exceed his own benefit after any WEP reduction. 3. If he's already filed for his own benefits and he's 74, any application for benefits on your record would be restricted to just the excess amount (if any) over his own benefit. 4. The GPO reduction would have been 2/3 of his CSRS pension amount, which often eliminates spousal benefits entirely for CSRS retirees. With the reform, he should see the GPO reduction decrease over time, potentially making him eligible for some ex-spousal benefits if your earnings record is strong.

I tried calling Social Security about a similar question last week and it was IMPOSSIBLE to get through to anyone! Kept getting disconnected after waiting on hold for over an hour. Has anyone found a better way to actually talk to a human at SSA? This is driving me crazy!

Doesn't the WEP/GPO reform have a long phase-in period? I thought I read somewhere that the changes won't be fully implemented until like 2045 or something crazy like that. Might not be worth getting too excited about right away.

wait i'm confused are u asking if YOU can claim on HIS record or if HE can claim on YOUR record?? cause those are totally different things!!

my neighbor went thru something like this last month. she said that her ex (also csrs) had to fill out form SSA-795 (statement of claimant) explaining his pension situation along with the regular application. might be good to tell your ex about that form in case ss office doesnt mention it.

As someone who's been through the federal retirement system maze, I'd strongly recommend your ex-husband contact SSA sooner rather than later. The new WEP/GPO legislation is still being implemented and SSA offices are getting swamped with questions about these changes. A few practical tips based on what I've seen: - He should gather all his CSRS pension documentation before visiting/calling - If he can't get through by phone, try going to the local SSA office early in the morning (they're less crowded) - Ask specifically about both WEP recalculation AND ex-spousal benefits - sometimes they only address one unless you ask about both Since you were married 20+ years and he's already 74, time is important here. Even if the benefit increase is small initially due to the phase-in, getting the claim filed establishes his rights going forward as the reforms continue to roll out over the next decade. The fact that his current SS benefit is only $320 suggests WEP hit him pretty hard, so there's likely room for improvement with the new rules.

Just wanted to add that if your ex-husband does decide to pursue this, he should be prepared for potentially multiple visits or calls to SSA. I've heard from several CSRS retirees that the first representative they spoke to wasn't fully up to speed on the new WEP/GPO changes, and they had to follow up or ask to speak with someone more knowledgeable about the reform legislation. Also, since he's 74 and already receiving his own Social Security benefits, any ex-spousal benefits would be calculated as the difference between what he's currently getting and what he'd be entitled to on your record (if higher). With the GPO changes, that calculation could work in his favor now where it didn't before. One more thing - if he does end up getting an increase, it might be retroactive to when the new law took effect, so there could be some back pay involved. Definitely worth looking into given his situation!

As a newcomer to this community, I wanted to share something that might help. I work at a local SSA field office and we've been getting tons of questions about the WEP/GPO changes lately. A few things I've noticed that might save your ex-husband some time: 1. Make an appointment online if possible rather than walking in - the wait times for WEP/GPO questions have been really long lately 2. Bring a copy of his most recent CSRS pension statement, his Social Security award letter, AND your divorce decree showing the marriage lasted 20+ years 3. Ask specifically to speak with someone trained on the WEP/GPO reform - not all representatives have gotten the updated training yet Given his current $320 benefit, there's definitely potential for improvement. The GPO reduction that would have knocked out most ex-spousal benefits is being phased down, so he should absolutely explore this option. Even if the initial increase is small, as others mentioned, getting the claim established now is important for future years as the reform continues. Good luck to both of you navigating this!

As someone new to this community, I wanted to share what I learned from a similar situation with my aunt. She was FERS and her ex-husband was CSRS - almost identical to your case. When the WEP/GPO reforms went into effect, we discovered a few things that might help: First, the timing really matters. Even though the benefits increase gradually over the 20-year phase-in, filing sooner rather than later can lock in his rights to future increases. Her ex waited 6 months and ended up missing out on some retroactive payments. Second, don't just rely on the SSA website calculators - they haven't been updated for all the WEP/GPO changes yet. The representatives at the local office had access to newer calculation tools that showed a much different (and better) result. One thing that surprised us was that his ex-spousal benefit calculation was actually higher than expected because the GPO reduction was smaller under the new rules. With his current $320 benefit being so low, there's definitely room for improvement. I'd suggest having him contact SSA within the next month or two. The offices are busy with these cases, but the sooner he gets in the system, the better. Best of luck with this - the new rules really can make a difference for CSRS retirees in situations like his!