Social Security spousal benefits after WEP repeal - retired teacher confused about eligibility

The WEP and GPO are different things even though people mix them up all the time! WEP affects your OWN benefits if you have a pension from non-covered employment. GPO affects SPOUSAL benefits if you have a pension from non-covered employment. So your question is actually about the GPO (Government Pension Offset), not the WEP. And as far as I know, the GPO has NOT been repealed yet, just some bills proposed. So she probably still can't get spousal benefits while he's alive. After he passes, she'd get survivor benefits but they'd be reduced by 2/3 of her pension.

The previous poster is correct. Your mother-in-law's situation falls under the Government Pension Offset (GPO), not the Windfall Elimination Provision (WEP). These are two different policies that affect government pensioners in different ways. The GPO reduces spousal/survivor benefits for those receiving government pensions from non-Social Security covered employment. Currently, the GPO would reduce any potential spousal benefit by 2/3 of her teacher's pension amount. Since her pension is $3,750/month, 2/3 of that would be $2,500. If the maximum spousal benefit she could receive (50% of her husband's benefit) is less than $2,500, then she would receive $0 in spousal benefits. There are bills in Congress to reform or repeal both WEP and GPO, but nothing has passed yet for either provision. I recommend she contact her local Social Security office to get an official determination of her eligibility for any spousal benefits, as there can be specific exceptions or rules based on when she earned her pension.

I went through something similar with my wife who was a teacher in Texas. The WEP and GPO are different provisions, and it sounds like your mother-in-law is affected by GPO rather than WEP. Currently, under GPO, your mother-in-law's potential spousal benefit would be reduced by 2/3 of her teacher's pension. So if her pension is $3,750/month, then her spousal benefit would be reduced by $2,500. If your father-in-law's Social Security benefit is $3,000/month, her spousal benefit would ordinarily be $1,500 (50%), but after the GPO reduction, she would receive $0 because the reduction is greater than the potential benefit. However, I would still encourage her to apply with Social Security. Some teacher pensions have specific provisions or exceptions, and only SSA can make the final determination based on her specific situation.

Regarding survivor benefits: Yes, she would potentially be eligible for survivor benefits if your father-in-law passes away. Survivor benefits are typically 100% of what the deceased spouse was receiving (rather than 50% for spousal benefits). The GPO would still apply, meaning her survivor benefit would be reduced by 2/3 of her pension amount. But since survivor benefits are higher than spousal benefits, she might receive some money even after the GPO reduction. For example, if your father-in-law receives $3,000/month from Social Security, her potential survivor benefit would be $3,000. After subtracting the GPO reduction of $2,500 (2/3 of her $3,750 pension), she could receive around $500/month in survivor benefits. But again, these are just estimates. The actual calculations can be complex, and there may be other factors involved.

Has your mother-in-law tried calling SSA directly? I spent WEEKS trying to get through to someone who could answer my GPO questions. Kept getting disconnected or waiting for hours. Finally used a service called Claimyr (claimyr.com) that got me connected to an agent in under 10 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU The SSA rep was actually really helpful once I got through and explained exactly how the GPO would impact my benefits. They can look at her specific work history and tell her if any exceptions apply. Some teaching jobs actually DO pay into Social Security depending on the state and timeframe.

I'm also a retired teacher (Maine) married to someone getting SS. The GPO is still in effect and probably will be for the foreseeable future despite all the talk. Here's what helped me: go to socialsecurity.gov, create an account if she doesn't have one, and run the benefit calculator. It will tell her EXACTLY what she might get as a spouse. Don't count on getting anything though - with her pension amount, the 2/3 offset will probably eliminate any spousal benefit entirely. But survivor benefits later might still give her something. The whole GPO/WEP situation is incredibly frustrating for those of us who dedicated our careers to public service!!

I believe Colorado is one of the states where teachers DON'T pay into Social Security, which is why the GPO applies to her. In some states, teachers DO pay into both systems. Anyway, definitely have her apply regardless! My aunt was in almost the identical situation (teacher in Illinois) and she assumed she wouldn't get anything because of GPO. But it turned out part of her teaching career was actually covered employment because she worked in a different state early in her career where they DID pay into SS. She ended up qualifying for a small amount of spousal benefits! The SSA systems are complicated and even their own agents sometimes miss things. Always apply and get the official determination.