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Will SS Fairness Act help me qualify with 33 quarters + 10 years of uncovered teaching service?

I've spent most of my career teaching in a state where we didn't pay into Social Security for part of my service. Currently I have 33 quarters from jobs outside of teaching, plus 10 years in education where I received Medicare credits but not SS credits. By my calculation, that's 40+ credits total when you count everything. I'm 71 now and still working part-time just to get my quarters up. My big question: Does anyone understand if the new Social Security Fairness Act will let those teaching years count toward my benefit calculation? Will I finally be able to retire from my part-time job? I'm confused about the 35-year calculation formula too - do they use your highest 35 years of earnings? Also wondering about my husband's situation - he's 73, former military and worked government jobs plus some civilian work. He has about 30 SS quarters and gets a government pension but no SS benefits. Would he qualify for spousal benefits based on my record if I start collecting? We're both so confused by all these WEP/GPO rules and changes!

Ava Martinez

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I just went through this exact mess trying to figure out my benefits after teaching for 22 years! The Social Security Fairness Act doesn't actually give you credit for those non-covered teaching years toward your 40 quarters. What it does is eliminate (or reduce) the WEP and GPO penalties that reduce benefits for people who worked in non-covered positions. If you have 33 quarters, you need 7 more to qualify for benefits on your own record (40 quarters total). Medicare credits don't count toward SS eligibility unfortunately. As for your husband, under current rules, any spousal benefits he might receive would be reduced or eliminated by his government pension (that's the Government Pension Offset). But if the Fairness Act passes in its current form, that reduction would go away and he could receive full spousal benefits based on your record - as long as you qualify for your own benefits first. I was so frustrated trying to reach someone at SSA to explain this that I finally used a service called Claimyr (claimyr.com) to get through to a real person. Their video demo (https://youtu.be/Z-BRbJw3puU) shows how it works - basically got me past the endless hold times. The agent I spoke with cleared everything up for me.

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StarSeeker

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Thank you so much for the detailed explanation! So if I understand correctly, I still need to work 7 more quarters to qualify? That's disappointing - I was really hoping to stop working. For my husband's situation, that's actually positive news about the spousal benefits if the Fairness Act passes. Do you happen to know when they're expecting to make a final decision on it? I'll check out that Claimyr service - I've tried calling SS multiple times and always get disconnected or can't get through.

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Miguel Ortiz

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The Social Security Fairness Act has been proposed multiple times but hasn't been passed yet. The versions currently in Congress would eliminate both the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO), but it won't give you credit for quarters where you didn't pay into Social Security. Your calculation about the 35 years is correct though - Social Security uses your highest 35 years of earnings to calculate your benefit. If you have fewer than 35 years of covered earnings, they use zeros for the missing years, which lowers your benefit amount. Regarding your husband: If the Fairness Act passes, he would potentially be eligible for spousal benefits (up to 50% of your full retirement age benefit) without reduction from GPO. Currently, his government pension would reduce or eliminate any spousal benefits. Just to clarify one point - you need 40 quarters (10 years) where you PAID INTO Social Security to qualify for retirement benefits. Medicare credits alone don't count toward SS eligibility.

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Zainab Omar

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so is this fairness act actually gonna pass? ive been hearing about it for years but nothing ever happens. my mom was a teacher for 30 yrs and gets almost nothing from ss even tho she worked summers at covered jobs

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Miguel Ortiz

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It's hard to predict if it will pass. The Social Security Fairness Act has bipartisan support but also faces budget concerns. The Congressional Budget Office estimated it would cost around $150 billion over 10 years. Multiple versions have been introduced in Congress since the early 2000s. The current version (H.R. 82 in the House and S. 597 in the Senate) has significant support, but I'd suggest not making retirement plans based on its passage until it's actually signed into law.

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Connor Murphy

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My husband had the exact same situation! He taught for years in Texas (no SS contributions) then worked part time after retiring. He had to keep working until he got all 40 quarters. The Medicare quarters don't count for SS eligibility, sorry to say.

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StarSeeker

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Thanks for sharing your experience. Did your husband end up having to work all the way until he had 40 quarters? I'm just trying to figure out if there's any way around this or if I really need to keep working part-time for almost 2 more years.

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Connor Murphy

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Yes he did - worked part time at a hardware store for about 2 years to get all his quarters. There wasnt any way around it sadly. But once he qualified it was worth it!

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Yara Sayegh

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The rules on this stuff are SO confusing!! I thought if you had any SS credits at all you could get something. Why does the government make this so complicated???

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NebulaNova

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It's complicated because there are different rules for different types of benefits, and there are special provisions that affect people who worked in jobs not covered by Social Security (like many teaching positions). For retirement benefits, you need 40 quarters (10 years) of work where you paid Social Security taxes. For disability benefits, the requirement can be lower depending on your age. For survivor benefits, the deceased worker generally needs to have earned 40 quarters, but there are exceptions. The WEP and GPO provisions were created in the 1980s to prevent what Congress saw as "double-dipping" - receiving both a non-covered pension and full Social Security benefits. Many people view these provisions as unfair, which is why the Fairness Act has been proposed. But to answer your question simply: No, having "any SS credits at all" is not enough to qualify for retirement benefits. You need 40 quarters minimum.

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Keisha Williams

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I HATE the WEP and GPO!!!! I worked as a teacher for 25 years and also worked enough to qualify for Social Security but my SS benefit got slashed by almost 60% because of WEP. It's HIGHWAY ROBBERY that they can take away benefits I EARNED!!!! And my husband passed away last year and I should be getting his survivor benefits but the GPO reduced them to ZERO because of my teacher pension. How is that fair???? I've been calling my representatives EVERY WEEK demanding they pass the Fairness Act. Everyone affected should be doing the same!!

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StarSeeker

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I'm so sorry to hear about your husband. That's terrible about your survivor benefits being reduced to zero - I had no idea the GPO could eliminate benefits entirely. You're right, we should all be contacting our representatives. I'll look up mine today.

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Zainab Omar

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why dont u just get a part time job for like a year or so? thats what my aunt did, she worked at walmart like 2 days a week for a year and got her quarters. way easier than waiting for congress to do something lol

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StarSeeker

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That's basically what I'm doing now - working part-time to earn more quarters. I was just hoping there might be a way to count those teaching years somehow so I could stop working. Sounds like I need to keep at it for a bit longer.

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Ava Martinez

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Just wanted to add something important about your husband's situation - even without the Fairness Act passing, if he has 30 quarters of covered employment, he might not be fully subject to the WEP reduction on his own record. There's a WEP guarantee that if you have 30+ years of substantial earnings under Social Security, the WEP doesn't apply. For fewer years, there's a partial exemption starting at 21 years. However, the GPO (affecting spousal/survivor benefits) doesn't have a similar exemption based on years of work, which is why the Fairness Act is so important for people like your husband who might be looking at spousal benefits.

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StarSeeker

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That's really interesting about the 30 quarters possibly helping with WEP! I'm not sure if his earnings in those jobs would count as "substantial" by SS standards, but I'll definitely look into this. Every bit helps at this point.

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