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.

I'm so sorry for your loss, Isabella. What you're experiencing is unfortunately very common and incredibly frustrating. The SSA rep was asking about your Illinois pension because of the Government Pension Offset (GPO) rule - even though you rolled it into an annuity, they still consider the original source when calculating your survivor benefits. Here's what's happening: Since your Illinois state job likely didn't require Social Security tax contributions, the GPO will reduce your widow's benefits by 2/3 of what your monthly pension amount would have been. So if your pension would have paid $1,500/month, they'll reduce your survivor benefits by $1,000/month. Regarding the Social Security Fairness Act - while it has gained more support in recent years, it still hasn't passed into law. If it does eventually pass, it would eliminate both the GPO and WEP, which could significantly increase your survivor benefits. My advice: Get everything in writing from SSA about how they're calculating your GPO reduction, and consider consulting with a financial advisor who specializes in Social Security claiming strategies. Also, contact your representatives about supporting the Fairness Act - stories like yours are exactly why this legislation needs to pass. Hang in there - I know this adds stress during an already difficult time.

I'm really sorry for your loss, Isabella. This GPO situation is so unfair - you and your husband both worked hard and contributed to your respective systems, and now you're being penalized for it. One thing that might help: when you request documentation from SSA, specifically ask for Form SSA-150 (Government Pension Questionnaire) and any worksheets they use to calculate your GPO reduction. Also request a copy of your complete earnings record to verify which years you paid into Social Security versus your Illinois pension system. Since you mentioned rolling everything into an annuity, make sure you have documentation showing the original pension amount before conversion. SSA will need to know what your monthly pension payment would have been if you hadn't rolled it over - they don't care about your current annuity payments, just the original pension value. The timing aspect is also crucial here. You mentioned wanting to let your own benefits grow until 70 - make sure to run the numbers both ways (taking reduced survivor benefits now vs. waiting and taking your own benefits later) accounting for the GPO reduction. Sometimes even with GPO, the survivor benefit strategy still comes out ahead. Keep fighting for the Fairness Act too - every voice matters in getting this unfair policy changed!

I'm so sorry for your loss, Isabella. The GPO is one of the most frustrating aspects of Social Security, especially when you're already dealing with grief. Just wanted to add one more thing that might help - if you haven't already, make sure to ask SSA about the "last day rule" for GPO. If your last day of government employment was before July 1, 2004, and you didn't receive your pension in the first month you were eligible for it, you might qualify for an exemption. It's a narrow exception, but worth checking. Also, when you gather your Illinois pension documentation, look for any periods where you might have paid into BOTH systems (some state employees did pay into SS for certain years or positions). Those years could potentially reduce your GPO offset amount. The whole system really needs reform. Your husband paid into SS faithfully, and you earned your pension through years of public service. The fact that these two things work against each other instead of complementing your retirement security is just wrong.

Isabella, I'm so sorry for your loss and the added stress of navigating this complex system during such a difficult time. As someone who has helped many people through similar GPO situations, I want to emphasize a few key points that others have touched on: 1. The GPO reduction is calculated based on what your Illinois pension WOULD have paid monthly, not what your annuity pays now. SSA has actuarial tables to figure this out even after conversions. 2. Make sure to get a written GPO determination letter from SSA explaining exactly how they calculated your reduction. This is crucial for any future appeals or if the Fairness Act passes. 3. Don't forget to consider the tax implications too - survivor benefits may be taxed differently than your annuity payments, which could affect your overall financial picture. 4. If you have any documentation showing you paid Social Security taxes during ANY part of your Illinois employment (even briefly), make sure SSA has those records. Some state positions did transition in and out of SS coverage over the years. The system is definitely unfair, but understanding exactly how your benefits are being calculated will help you make the best decisions going forward. Hang in there - this community is here to support you through this process.

Isabella, I'm so deeply sorry for your loss. Losing a spouse is heartbreaking enough without having to navigate these confusing Social Security rules during your grief. What you're experiencing is absolutely the Government Pension Offset (GPO), and unfortunately, rolling your Illinois pension into an annuity doesn't protect you from it. The SSA will still calculate the reduction based on what your original monthly pension amount would have been - they have ways to track the money back to its source. Here's my suggestion for moving forward: Start by calling SSA and specifically requesting Form SSA-150 (the Government Pension Questionnaire) and ask for a detailed written explanation of how they're calculating your GPO reduction. Don't accept vague answers - you deserve to understand exactly how they're arriving at these numbers. Also, dig up all your Illinois employment records. Look for ANY periods where you might have paid Social Security taxes, even briefly. Some state positions transitioned in and out of SS coverage over the years, and those periods could potentially reduce your GPO offset. The Social Security Fairness Act would eliminate GPO entirely if it passes, but we can't count on that timeline. In the meantime, make sure you're getting every penny you're entitled to under the current (unfair) rules. Consider consulting with a Social Security specialist who understands these offset provisions - the regular SSA phone reps often don't fully grasp the complexities. You and your husband both worked hard and contributed to your systems. This penalty shouldn't exist, but we'll help you navigate it.