Can my husband claim spousal benefits with WEP after GPO repeal if he has a government pension?

Yes, with the GPO repeal going into effect in 2025, your husband should be eligible to receive spousal benefits based on your record! The previous rule would have reduced or eliminated his spousal benefits because of his government pension, but that's been changed now. He needs to contact SSA to apply for spousal benefits, and if approved, he could receive up to 50% of your Primary Insurance Amount (PIA - the amount you would have received at your full retirement age). However, since he took his own benefits early, there might be some reduction. The spousal benefit would replace his current small benefit, not add to it. I'd recommend making an appointment with SSA specifically to discuss this change.

I'm in almost the same boat! My wife worked for county government 30 years, gets tiny SS check. We're going to apply for the spousal benefits as soon as they start accepting applications. From what I read, they haven't even figured out all the details for implementation yet.

One important detail: while GPO is being repealed, the Windfall Elimination Provision (WEP) is still in effect. They're two different things that affect government pensioners. GPO affected spousal/survivor benefits, which is what you're asking about. WEP reduces a person's own Social Security benefit if they also receive a government pension from non-covered employment. So your husband's own small benefit is probably already reduced by WEP, and that won't change. But the good news is, with GPO gone, he can now apply for the spousal benefit without it being offset by his pension. Just wanted to clarify that distinction since many people confuse WEP and GPO.

my husb went thru this last year. SS told us we had to wait til the actual repeal date to apply, cant do it early. check ur dates too, think its Jan 2025 when this kicks in

EVERYONE is confused about this!!! I spent 4 HOURS at my local SSA office last month trying to get answers about this exact situation. The first person I spoke with had NO CLUE about the GPO repeal and kept telling me it was impossible. Had to ask for a supervisor who finally confirmed it's happening but said they haven't received official guidance yet on how to process these claims. The whole system is a MESS and they're not prepared for the flood of applications coming. They told me to check back in November for updates on the process. The most frustrating part was how NOBODY seemed to know the same information!!!

I went through something similar trying to reach SSA about my husband's benefits after the GPO repeal was announced. After getting disconnected three times and waiting on hold for hours, I discovered a service called Claimyr that got me connected to a Social Security agent in under 10 minutes. It was such a relief! They have a video showing how it works at https://youtu.be/Z-BRbJw3puU and their website is claimyr.com. The agent I spoke with confirmed that applications for the new GPO-repealed benefits won't be processed until 2025, but she suggested getting all our documentation ready now. She said having recent certified copies of marriage certificates and birth certificates will speed things up when the time comes.

Congrats on the extra money coming your way! My parents are in similar situation. Dad worked state gov for 35 yrs. Mom's SS is way higher. Think of it this way - before repeal, your husband got nothing from your record because of GPO. After repeal, he can get spousal benefits! Win!

Just to address your specific question about the amount: Your husband would be eligible for up to 50% of your Primary Insurance Amount (PIA), but there will likely be a reduction since both of you claimed benefits early. There's a complicated formula SSA uses that factors in his age when he applies for spousal benefits and when you claimed your retirement benefits. Also, he'll receive either his own benefit or the spousal benefit, whichever is higher - not both. Given that his current benefit is so small, the spousal benefit will almost certainly be higher. Once the SSA publishes their implementation guidelines for the GPO repeal, the calculation should become clearer.

one more thing - make sure u have ur marriage certificate! they made us bring original or certified copy, no photocopies allowed. was a whole extra trip to county office to get it