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Social Security WEP confusion - How to calculate spousal benefits after 2023 law change?

I've been receiving my own Social Security since 69 (reduced by WEP since I worked for a county parks department). Just found out about the recent law change that might let me collect spousal benefits too! My husband filed at 62 and gets about $1,650/month. I'll reach my full retirement age (FRA) in about 3 months. I have so many questions... Do I use HIS full retirement age to calculate what I might get as a spouse, or is it based on MY FRA? And should I wait until I hit my FRA to apply for the spousal benefits, or apply now? Also, how does the WEP affect the spousal amount - does it reduce that too? I'm confused about how this all works with the new law changes. Has anyone gone through this process recently with the WEP modifications? Any advice would be much appreciated!

Sean Matthews

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wait are u sure the law changed?? my dad has WEP and he was told he CANT get spousal?? is this a new thing in 2025 or something?

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Ali Anderson

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Yes, there was a change in the Social Security law regarding WEP and spousal benefits. The Social Security Fairness Act modified how WEP (Windfall Elimination Provision) works for people who worked in jobs not covered by Social Security (like many education jobs). But it doesn't eliminate WEP entirely - it just changes how it's calculated for some people. The change started phasing in during 2024.

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Zadie Patel

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To answer your questions about spousal benefits: 1. The calculation is based on your husband's Primary Insurance Amount (PIA) at HIS full retirement age, not the reduced amount he receives by claiming at 62. You can potentially receive up to 50% of his PIA when you reach YOUR full retirement age. 2. It's generally best to wait until your FRA to apply for spousal benefits. If you apply before your FRA, your spousal benefit will be permanently reduced. 3. Under the new law, WEP still affects your own benefit, but the GPO (Government Pension Offset) rules for spousal benefits have been modified. You'll need to have SSA calculate your specific amount. I suggest calling SSA directly to get a calculation specific to your situation. The modified WEP/GPO rules have different effects depending on your work history and pension amount.

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Mikayla Brown

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Thank you for the clear explanation! I didn't realize they'd use his PIA rather than his actual benefit amount. Do you know if I need to bring anything special to my appointment with SSA to prove I'm eligible under the new rules? I'm worried they might not be familiar with how the new law applies to my situation.

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A Man D Mortal

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I went through this EXACT same thing last month!!! The new rules are SO confusing. When I called SSA they kept putting me on hold to check with supervisors because even THEY weren't sure how to handle it! I waited on hold for almost 2 HOURS and then got disconnected right when they were about to help me!!! SO FRUSTRATING!!!

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Declan Ramirez

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Emma Morales

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Everyone here is mixing up WEP (Windfall Elimination Provision) with GPO (Government Pension Offset). They're different things that affect different benefits! WEP reduces your OWN retirement benefit if you worked in jobs not covered by SS. GPO reduces SPOUSAL benefits if you get a pension from non-SS-covered work. The law changed aspects of both, but they work differently. Since you're asking about spousal benefits, you're mainly concerned with GPO changes, not WEP changes. This distinction matters for your calculation.

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Ali Anderson

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Good clarification about WEP vs GPO. However, the recent legislation actually modified both provisions, and they can interact in complex ways. The OP's situation involves both - WEP already affecting her own benefit, and now potentially GPO affecting any spousal benefit. The changes phasing in affect the reduction formulas for both provisions.

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my sister teached for 30 years and has the same problem. she said you gotta wait til your FRA or they take away some of the money. something about the "deemed filing" rules that make you file for everything at once. don't trust what the people at the SS office tell you, half the time they don't know the rules themselves!!!

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Mikayla Brown

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Thanks for mentioning deemed filing - I hadn't even thought about that aspect. This is getting more complicated than I expected. Seems like waiting until my FRA in 3 months is definitely the way to go. I'll make sure to specifically ask about both WEP and GPO when I talk to them.

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Zadie Patel

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One more important point: Make sure to bring documentation of your non-covered pension to your SSA appointment. They'll need: 1. Proof of your education pension amount 2. Years worked in non-covered employment 3. Years worked in Social Security-covered jobs 4. Your husband's Social Security number (they should have this on file but bring it anyway) The calculation is complicated because the new law phases in changes over time, and your exact benefit depends on your specific work history. Under the new rules, your spousal benefit reduction might be less than it would have been under the old rules. Be prepared to possibly speak with a technical expert at SSA rather than a regular claims specialist, as these WEP/GPO calculations are specialized.

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Sean Matthews

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is this why my mom got an increase in her check this year?? she worked for county hospital and gets pension plus some SS but it was always reduced. then in February her check went up like $280 and she had no idea why!

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A Man D Mortal

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The WORST part is how they apply these rules so INCONSISTENTLY!! My friend and I both worked for the same school district and have similar situations but got COMPLETELY different answers from SSA about our spousal benefits!!! It's like they're making it up as they go along sometimes!! 😡

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Emma Morales

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This is because the new rules are being phased in gradually and affect people differently based on their exact work histories. Two people with similar but not identical work patterns can have different outcomes. The transition period creates situations where some people see larger increases than others. It's not inconsistency - it's that the formulas are incredibly complex and personalized.

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Mikayla Brown

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Thank you all for the helpful responses! I've scheduled an appointment with SSA for next month, right after I reach my FRA. I'm gathering all my pension documentation and work history records like suggested. I'll make sure to specifically ask about how both WEP and GPO apply in my situation with the new law changes. I'm hopeful I might get a bit more in benefits, even if it's not the full 50% of my husband's PIA. Every bit helps with groceries getting so expensive lately! Wish me luck navigating the SSA bureaucracy! I'll update here after my appointment in case it helps anyone else in a similar situation.

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Zadie Patel

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Good plan waiting until you reach FRA. One final tip: after your appointment, ask for a detailed explanation in writing of how they calculated your benefit. This serves two purposes: 1) It helps you understand exactly what you're receiving, and 2) If there's ever a question later, you have documentation of how they made their determination. Good luck!

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