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Will GPO repeal let my mom switch to higher survivor benefits from stepdad's Social Security?

My mother just learned about the GPO repeal and we're wondering if it affects her situation. She worked for a school district for 30+ years and receives a pension, but she also contributed to Social Security throughout her career. She claimed her own SS benefits early at 62 (about $1,020/month). My stepdad passed away last year - he had waited until his Full Retirement Age to claim and was receiving around $1,780/month. When he died, Mom was told she couldn't receive his higher benefit amount because of the Government Pension Offset. She had to keep her own lower benefit. Now with GPO being repealed, would she qualify to switch to survivor benefits based on my stepdad's higher amount? She has an appointment with SSA next week but keeps insisting she doesn't qualify because "I earned my own benefit by working." I think she's confusing GPO with something else. Does anyone know if the GPO repeal would help in her situation? Would she now be eligible for the higher survivor benefit?

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20 comments

Amina Diallo

•14d

Yes, the GPO repeal may absolutely help your mother! GPO (Government Pension Offset) is exactly what was preventing her from receiving the higher survivor benefits from your stepdad's record. When the GPO repeal takes full effect in 2025, your mother should be eligible to receive survivor benefits based on your stepdad's higher Social Security amount instead of her own smaller benefit. The fact that she earned her own benefit doesn't disqualify her - that's actually a common misconception. Make sure she mentions specifically to the SSA representative that she wants to discuss how the GPO repeal affects her survivor benefits. They should recalculate her benefit amount based on your stepdad's record without the GPO reduction.

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Hiroshi Nakamura

•14d

How RIDICULOUS that your mom got penalized for working her WHOLE LIFE!!!!! The Government Pension Offset is one of the MOST UNFAIR rules they've had!! My aunt lost over $1200 a month when my uncle died because of this garbage rule. She worked as a state nurse her whole career and paid into SS from part-time jobs too. The GPO repeal is WAY OVERDUE!!! Tell your mom she ABSOLUTELY deserves her husband's survivor benefits - she earned it by being married to him and by paying into SS herself!!! DON'T let Social Security talk her out of it either. They ALWAYS try to pay less if they can get away with it!!!

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Isabella Costa

•14d

While I understand your frustration, I should clarify that the SSA representatives aren't trying to deliberately pay less. They're bound by the rules Congress establishes. The GPO and WEP were created with the intention of preventing "double-dipping" from both systems, though many believe they went too far in penalizing public servants. The good news is the recent legislation will phase out these reductions. Starting in 2025, the GPO reduction will begin decreasing and eventually be eliminated completely. The OP's mother should definitely follow up with SSA to understand exactly how the changes will affect her specific situation.

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Freya Andersen

•14d

I think your mom might be confusing GPO with the dual entitlement rule, which is different. The dual entitlement rule affects people who qualify for both their own retirement benefit AND a spousal/survivor benefit. In those cases, you get the higher of the two amounts, not both added together. The GPO affects government workers with pensions from jobs where they didn't pay into Social Security. It reduced or eliminated any SS spousal/survivor benefits they might receive. With the GPO repeal, your mom should absolutely be eligible to switch to the higher survivor benefit based on your stepdad's record. The fact that she earned her own benefit doesn't disqualify her at all. Tip: Make sure she mentions the recent legislation specifically. Sometimes it takes a while for all SSA representatives to get fully updated on new laws.

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Freya Andersen

•14d

For her upcoming call, she should specifically ask for: 1. A recalculation of her survivor benefits WITHOUT the GPO reduction 2. Information about when she can expect the change to take effect (likely starting in 2025) 3. Confirmation of what the new benefit amount would be 4. Whether she needs to submit a formal application for survivor benefits If she has trouble reaching someone during her scheduled call time (which happens frequently), I recommend trying Claimyr.com. They've helped many people connect with SSA representatives without the usual hold times. I used their service when dealing with my father's survivor benefits case, and they got me through to a representative in minutes instead of hours. You can see how it works in their video demo at https://youtu.be/Z-BRbJw3puU

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Isabella Costa

•14d

I'd like to add some technical clarification that might help your mother. Under the new legislation (Social Security Protection Act of 2023), the GPO will be phased out gradually starting in 2025: 1. Currently, the GPO reduces spousal/survivor benefits by 2/3 of the government pension amount 2. Beginning in 2025, this reduction will decrease by 1/6 each year 3. By 2029, the GPO will be completely eliminated For your mother's specific situation: - She'll likely be eligible to receive the difference between her current benefit ($1,020) and your stepdad's benefit ($1,780) - This would potentially mean an additional $760 monthly once fully implemented - During the phase-out period (2025-2028), she'll receive gradually increasing amounts She should request a detailed calculation showing how the GPO currently affects her and how the phase-out will change her benefits over time. SSA representatives can provide a year-by-year breakdown.

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