Social Security survivor benefits with WEP/GPO from non-SS pension - will Medicare taxes help?

I'm sorry for your loss. The Government Pension Offset (GPO) will probably still apply to you even if Medicare taxes were taken out. GPO specifically looks at whether you paid into Social Security, not Medicare. From what I know, your survivor benefit could be reduced by 2/3 of your government pension amount. So if your pension is $3,100, they'll take 2/3 of that ($2,067) and subtract it from what your survivor benefit would normally be (probably your husband's full $2,450). So you might only get around $383 in survivor benefits plus your pension. But I'm not 100% certain about this - the rules get complicated!

The previous response is correct. The Government Pension Offset (GPO) applies because you're receiving a pension from employment not covered by Social Security. The fact that Medicare taxes were withheld is irrelevant for GPO calculations. Two-thirds of your government pension will offset your survivor benefits. So with a $3,100 pension, about $2,067 would be deducted from your potential survivor benefit. If your husband's benefit was $2,450, you'd receive about $383 in survivor benefits. This is different from the Windfall Elimination Provision (WEP), which would affect your own Social Security benefits if you had enough quarters of coverage under Social Security from other employment. I recommend scheduling an appointment with SSA to get exact calculations based on your specific earnings record and your husband's.

Im in almost the exact situation!! My wife worked for the state for 31 yrs and I get SS. Nobody can give me a straight answer either on how her pension will effect my benefits if she goes before me. The whole thing is so FRUSTRATING! One SSA person tells you one thing then you call back and get told something completely different. And the wait times on the phone are RIDICULOUS. I spent 3 hours on hold last week and then got disconnected!!!

I had to deal with this exact situation when my husband passed. The Medicare tax withholding doesn't affect the GPO calculation at all. What matters is whether you paid Social Security taxes on those earnings. One thing to check: did you ever work in jobs where you DID pay into Social Security? If you have at least 30 years of "substantial earnings" with Social Security taxes paid, you might be exempt from the GPO. Most people don't qualify for this exception, but it's worth checking. Also, apply for the survivor benefits even if they'll be reduced. You should also get a one-time death benefit of $255 if you apply within 2 years. I struggled with getting answers from SSA on the phone too. I finally had success using a service called Claimyr (claimyr.com) that got me connected to an agent without the usual wait time. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. After weeks of trying, I finally got through and got my questions answered in detail.

The whole GPO thing is basically highway robbery IMO. My mom lost almost all of her survivor benefits because of her teacher's pension, even though my dad paid into the system his whole life. The government is just looking for ways to keep from paying what people deserve. It's disgraceful how they treat widows and widowers.

One additional point that might help you: If you're under Full Retirement Age (FRA) and still working, your survivor benefits could be further reduced by the Retirement Earnings Test if you earn above certain limits. For 2023, if you're under FRA and will remain so throughout the year, $1 in benefits is deducted for every $2 you earn above $21,240. However, if this is your retirement year and you'll no longer have earnings, this wouldn't apply to you. Also, some government employees have mandatory retirement ages or service limits. If you were required to retire from your government position, there might be additional considerations.

I went thru something like this and u might want to check if your county job ever had a Section 218 Agreement with SS. Some govt employers DID have these agreements which meant employees WERE covered by SS. Probably not, but worth asking HR at your old job. The whole system is soooo confusing!!!

I think the most unfair part is that they take 2/3 of your pension amount rather than just offsetting the actual amount you would have paid into SS if you had been in a covered job. I know several teachers who worked summer jobs their whole careers specifically to get enough SS quarters, but they still get hit with GPO when their spouse dies. The system definitely needs reform.

To answer your question about applying right away: Yes, you should definitely apply for survivor benefits as soon as possible. Benefits can be paid retroactively for up to six months, but no further back than that, so delays in applying could result in lost benefits. While the GPO will reduce the amount, receiving even a reduced benefit is better than nothing. Also, the application process will give you a definitive calculation of exactly how the GPO affects your specific situation. When you apply, bring documentation of both your husband's death and your marriage, as well as information about your pension. They'll need to know the exact amount of your government pension to calculate the offset correctly.

sorry about your husband passing. my neighbor had almost the same situation with her county job and she said she still got the $255 death benefit at least. not much but better than nothing i guess