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Social Security survivor benefits reduced by my teacher pension - wasn't WEP/GPO supposed to be eliminated?

I'm completely confused and frustrated after my appointment with SSA today. I'm a retired schoolteacher (34 years in California) and my husband passed away 4 months ago. I finally gathered all the documents they asked for to claim survivor benefits and went to my local office. The claims representative told me that because I receive a teacher's pension from work not covered by Social Security, my survivor benefits would be significantly reduced due to something called the Government Pension Offset (GPO). I was shocked because I thought Congress had eliminated WEP and GPO recently! The rep said that legislation didn't pass and both are still in effect. Is this correct? She calculated I'd only get about $780/month in survivor benefits instead of the full $2,450 my husband was receiving. This seems so unfair after paying into my teacher retirement for decades while my husband paid into Social Security his entire career. Has anyone else dealt with this pension offset situation? Are there any workarounds or appeals I can file?

Unfortunately, the rep is correct - GPO and WEP are still in effect. There have been multiple bills introduced over the years to eliminate or reduce these provisions (including the Social Security Fairness Act), but none have been signed into law yet. The GPO typically reduces your survivor benefit by 2/3 of your government pension amount. Since you worked in a job not covered by Social Security but your husband paid in, you're caught in exactly the situation GPO was designed for (fairly or unfairly). I went through this same thing when my wife passed 2 years ago - I was a postal worker with a CSRS pension. It's incredibly frustrating.

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Thank you for confirming. I'm devastated to hear this. Do you know if there's any current legislation in progress that might change this? My pension is $3,600/month, so losing most of my survivor benefit is a huge financial hit I wasn't preparing for.

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my mom went thru this exact thing!!! she was a teacher in illinois for 30 yrs and when dad died SSA cut her survivors benefit by like 70%!! its TOTALLY UNFAIR and they call it the "government pension offset" - there was a bill in congress to fix it but it didnt pass

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It feels like we're being punished for choosing careers in public service. Did your mom find any way to increase her benefits or appeal the decision?

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You're dealing with what's commonly called the "widow's penalty" for government workers. The GPO reduction formula is 2/3 of your non-covered pension will be deducted from your Social Security survivor benefit. The calculation your claims rep provided sounds accurate: $3,600 (your pension) × 2/3 = $2,400 offset $2,450 (full survivor benefit) - $2,400 = $50 remaining However, there's a special minimum survivor benefit provision that's likely why you're getting $780 instead of just $50. Unfortunately, there's no appeal process if the calculation was done correctly. The WEP/GPO elimination has been proposed for decades but has significant budget implications, which is why it hasn't passed.

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Thank you for breaking down the calculation. That makes sense now, though I still think it's incredibly unfair. Is there any advantage to waiting until I'm older to claim survivor benefits, or does the GPO reduction apply regardless of when I claim?

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This happened to me too! I was a teacher in Texas for 29 years. When my husband died in 2024, I was shocked that my survivor benefit was reduced to almost nothing because of my TRS pension. I spent HOURS trying to reach someone at SSA to explain this to me - kept getting busy signals or disconnected after waiting for 2+ hours. So frustrating!!

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The SSA rep is right that WEP/GPO are still in effect. There's one thing you might want to double-check though: did you have any Social Security-covered employment during your career? If you have at least 30 years of "substantial earnings" under Social Security, WEP doesn't apply (though GPO would still affect survivor benefits). Even having 20-29 years of substantial SS earnings can reduce the WEP penalty. Worth checking your earnings record on mySocialSecurity to verify.

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I worked part-time jobs during summers for about 15 years, but I doubt any of them would count as "substantial earnings." I'll check my earnings record though - thank you for the suggestion!

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Mei Zhang

THIS IS HIGHWAY ROBBERY!!!! The government is STEALING OUR MONEY! I paid in for 40 years and my wife was a teacher and when I die SHE GETS NOTHING!!!! How is this legal??? Politicians don't care about us they just want our votes then they FORGET US!!!

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While I understand your frustration, your wife would still receive some survivor benefits - it would just be reduced by the GPO formula. The original intent was to prevent "double-dipping" from both a government pension and full Social Security benefits, especially since government workers with non-covered pensions didn't pay into Social Security for those jobs.

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wait i'm confused... is this different from the regular social security stuff? my aunt was a nurse and got my uncles ss when he died no problem

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Yes, this is different. If your aunt was a nurse in a regular hospital (not a government hospital), she likely paid into Social Security throughout her career. The GPO only affects people who worked in jobs where they didn't pay Social Security taxes but instead paid into a separate government pension system. This typically includes some teachers, police officers, firefighters, and some state/local government employees, depending on the state.

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One important detail: the GPO only affects spouse/survivor benefits, not your own earned Social Security benefits. So if you worked enough in Social Security-covered jobs to qualify for your own SS retirement (40 quarters/10 years), you would receive those benefits without GPO reduction. It's specifically the benefits based on your spouse's record that get reduced.

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Thanks for clarifying this point. I only worked about 6 years in Social Security-covered jobs, so I don't qualify for my own benefit. That's why I was counting on the survivor benefit.

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Have you spoken with anyone at CalSTRS about this? When my mother-in-law went through something similar (CA teacher, husband died), a CalSTRS counselor helped her understand all the implications and provided some resources. They can't change the federal law, but they're often more knowledgeable about how it intersects with their pension system than general SSA reps are.

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That's a great suggestion! I hadn't thought of contacting CalSTRS about this. I'll call them tomorrow and see if they can offer any guidance. Thank you!

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