Social Security WEP/GPO confusion after husband's death - how does Fairness Act affect widow benefits?

This sounds like the Government Pension Offset (GPO) that affects widow benefits. Even if you rolled your pension into an annuity, the SSA still considers the original pension source. If you earned a pension from a job where you didn't pay into Social Security (like many IL state jobs), they can reduce your survivor benefits by 2/3 of your pension amount. Super unfair but that's how it works.

The key question is whether you paid Social Security taxes on your Illinois government job. Many state/local government positions don't participate in Social Security. If you didn't pay SS taxes in that job, the GPO (Government Pension Offset) can reduce your widow's benefits by 2/3 of your pension amount - even if you've rolled it into an annuity. The SSA follows the money trail. Regarding the Social Security Fairness Act - it's been proposed for years to eliminate both the WEP and GPO, but hasn't passed yet despite many attempts. If it did pass, it would eliminate these reductions and potentially increase your survivor benefits substantially.

my mom went thru this exact same thing!!! she worked for illinois schools and dad died last year. they cut her survivors benefit a TON because of her pension even tho dad paid SS for 45+ years. complete ripoff if u ask me

Just to clarify some technical details: What you're experiencing is definitely the Government Pension Offset (GPO), which is different from the Windfall Elimination Provision (WEP). - GPO affects SURVIVOR or SPOUSAL benefits when you receive a pension from non-covered work (work where you didn't pay SS taxes) - WEP affects your OWN Social Security benefits if you also had non-covered work Regarding your annuity: When you rolled your pension into an annuity, the SSA still tracks the original source of those funds. They'll ask for documentation showing the amount of your Illinois pension before it was converted. The Fairness Act has been proposed many times but hasn't passed. The 2023-2024 version (H.R.82) did gain significant support but still hasn't become law. If it does pass, it would eliminate both GPO and WEP, potentially increasing your survivor benefits substantially.

i dont understand why they penalize people like this. my husband and i both paid into our respective systems fully and now the govt just decides to take away benefits we earned???

I've been dealing with this same issue! Have you tried calling the SSA for a detailed explanation? I spent HOURS trying to get through to an actual person who understood GPO. The phone system is a nightmare.

To give you some practical advice on what to do next: 1. Request a detailed GPO calculation from SSA (in writing) 2. Gather documentation showing exactly how much of your annuity came from the non-covered Illinois employment 3. If some of your Illinois work DID pay into Social Security, make sure SSA knows those years don't count for GPO 4. Check if you qualify for any exceptions (there are a few, though they're rare) 5. Calculate what you'd receive at 70 from your own record - sometimes taking reduced survivor benefits now and switching to your own later is still the best strategy despite GPO Unfortunately, unless the Fairness Act passes, the GPO will continue to reduce survivor benefits for those who had non-covered employment.

WAIT - important question - did you work at least 30 years in jobs where you DID pay Social Security taxes? If so, you might qualify for an exemption from GPO!

The whole GPO/WEP situation is a nightmare for so many retirees. I've helped several friends navigate this exact situation. One important point - make sure you understand the difference between: 1. Lump Sum Death Benefit ($255) - one-time payment 2. Survivor Benefits - monthly payments based on your deceased spouse's record The GPO only affects the monthly survivor benefits, not the lump sum payment. Also, the GPO reduction is specifically 2/3 of your government pension amount before any conversions or rollovers. For anyone in this situation, I strongly recommend consulting with a financial advisor who specializes in Social Security claiming strategies with WEP/GPO considerations. Standard SSA reps often provide incomplete information on these complicated scenarios.

Contacting your congressional representatives might also help. The Social Security Fairness Act has gained more support recently, and constituent stories like yours could help push it forward. The more they hear from people directly affected by GPO/WEP, the more pressure there is to finally pass this legislation.