Will I get Social Security spousal benefits as a teacher with WEP/GPO after the 2024 changes?

The Social Security provisions in the Tax Relief for American Families and Workers Act of 2024 did modify the WEP/GPO rules, but it doesn't eliminate them entirely. The changes reduce the impact of GPO on spousal benefits, but you'd still face some reduction. With the new formula, instead of having your spousal benefit reduced by 2/3 of your pension amount, it will be reduced by a smaller percentage that varies based on your years of service. With 28 years of non-covered employment, you'd likely see about a 40-45% reduction instead of the previous 66.7% reduction. So yes, you might get some spousal benefits now, but it won't be the full 50% of your husband's PIA (Primary Insurance Amount).

My wife is also a teacher (in Illinois) and we talked to a SS rep last month about this exact thing! The new rules are super confusing but it sounds like you'll definitely get SOMETHING now, which is better than before when many of us got nothing at all because of GPO.

The new WEP/GPO calculation is based on a sliding scale tied to your years of non-covered employment. With 28 years in a job not covered by Social Security, your reduction will likely be around 42-43%. If your husband's PIA (Primary Insurance Amount) is $2,800, and you'd normally qualify for spousal benefits of $1,400 (50%), then the GPO would reduce it by approximately $1,764 (42% of your $4,200 pension), leaving you with potentially no benefit. However, the new law also includes a $750/month exemption before the GPO reduction applies. This means the first $750 of your pension is not counted in the reduction calculation. So the actual reduction would be 42% of $3,450 ($4,200 - $750), which equals $1,449. So $1,400 - $1,449 = $0 in this scenario, though the exact numbers will depend on precise calculations of your husband's PIA and your pension amount.

My sister in law had the same issue! She tried for MONTHS to get someone at Social Security to explain the new rules to her. Nobody could give her a straight answer on the phone, offices were packed with long waits.

Just to clarify a bit more on the new calculations, there's another important element: the law establishes a guaranteed minimum benefit for affected spouses. Even with the GPO reduction, you would be guaranteed to receive at least 40% of the spousal benefit you would have been eligible for without GPO. So in your case, if your standard spousal benefit would be $1,400 (50% of your husband's benefit), the minimum you should receive under the new law would be $560 (40% of $1,400). This minimum provision might help you receive some benefit even if the standard calculation would reduce it to zero. The implementation details are still being finalized by SSA, but this guaranteed minimum is a significant improvement from the old rules.

I'm also a teacher affected by GPO/WEP and have been following the 2024 changes closely. If you claim at 62, your spousal benefit will be reduced for claiming early - down to about 32.5% of your husband's PIA instead of 50%. THEN the new GPO reduction would apply to that lower amount. Also, the new rules don't fully take effect until 2027! There's a phase-in period from 2025-2027. So if you retire in 2026, you'll get a blended calculation that year.

Just wanted to say THANK YOU for asking this question!! I'm a teacher in Texas with 31 years in and my husband gets SS. I had NO CLUE about these changes and have been assuming I'd get nothing from his record. Going to look into this more now!!!!

One final consideration: make sure you're looking at your true pension amount when doing these calculations. Some public pension systems offer annuity options with survivor benefits that reduce the monthly payment. The GPO calculation would be based on the pension amount before any such reductions. Also, don't forget that the spousal benefit maximum is 50% of your husband's PIA, not 50% of what he actually receives. If he delayed claiming past his FRA to increase his own benefit, your spousal benefit would still be based on his PIA at full retirement age, not his increased amount. I'd recommend scheduling an appointment with SSA in early 2025 once they've fully implemented the new calculation procedures. They should be able to provide you with personalized estimates based on your specific situation.