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Natasha Petrova

Will SSA recalculate my reduced Social Security benefits if ex-spouse dies and my WEP-affected teacher pension increases?

I've been working as a teacher in Texas for 23 years (non-SS pension state) but also have enough SS credits from previous work. I'm planning to retire and take my SS at full retirement age next year. I know my SS will be reduced by WEP because of my teacher pension. My divorce settlement from 2015 included a QDRO that gives me 38% of my ex's teacher pension, but if he passes away, that increases to 52% according to our agreement. Here's what I'm confused about: If I'm already collecting Social Security reduced by WEP, and then my ex passes away causing my pension income to increase due to the QDRO terms, will the SSA automatically recalculate my WEP reduction based on my new higher pension income? Or is the WEP calculation locked in once I start receiving benefits? I've tried calling SSA twice but couldn't get through to anyone who could answer this specific situation.

Yes, SSA will recalculate your WEP reduction if your pension amount changes after you begin collecting Social Security. The Windfall Elimination Provision adjustment isn't locked in at the time you file. Your benefits can be adjusted downward if your non-covered pension increases. You should receive a letter from SSA requesting updated information about your pension amount annually, and you're required to report any changes.

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Thank you for the clear answer! So even though I'm not the one who earned the additional pension amount (it's just my share of my ex's pension increasing per our QDRO), the SSA will still count that as an increase to MY pension for WEP purposes? That seems unfair since I didn't earn those benefits directly.

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Emma Davis

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this happened to my mom!!! her SS check went DOWN when my dad died cuz her teacher pension part got bigger. she was SO MAD. the SSA didn't even tell her why at first, she had to go to the office to figure it out. watch your bank account carefully when that happens!

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Oh no, that's exactly what I was afraid of! Did your mom get any advance notice before they reduced her payment? I'm trying to plan for the future and this uncertainty makes it really difficult.

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Emma Davis

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nope, no warning. just less $$ in her account one month. she had to call SSA like 6 times before someone explained it. total nightmare

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GalaxyGlider

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Having worked with teacher pensions and SS for years, I can confirm that ANY increase in your non-covered pension can trigger a WEP recalculation. It doesn't matter if the increase comes from your ex passing away - the SSA only sees that your pension income went up. One thing to be aware of: depending on how long you were married, you might be eligible for survivor benefits on your ex's Social Security record (if he paid into Social Security) which could be higher than your own benefit, even with the WEP reduction. That's a separate issue from your teacher pension QDRO though.

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We were married for 19 years, but he was also a teacher in Texas and didn't pay into Social Security either. So I don't think there would be any survivor benefits from his SS record. It's just frustrating that an increase in my portion of the pension due to a legal agreement would result in a decrease in my earned Social Security benefits.

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The system is RIGGED AGAINST TEACHERS!! I went through something similar. After 30 years teaching in Illinois, my SS benefits from my summer jobs were cut to almost NOTHING because of WEP. Then when my pension had a cost-of-living increase, they cut my SS AGAIN!!! They don't warn you, they just take more away. The whole system is designed to punish public servants. It's CRIMINAL what they do to us after a lifetime of service!!

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I understand your frustration! I didn't realize until I was about 15 years into teaching that my SS benefits would be reduced so dramatically. I wish someone had explained this to me when I started my teaching career. The financial planning implications are huge.

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YOU BET they are! And they don't care! My brother-in-law worked in sales his whole life, paid EXACTLY the same amount into SS as I did from my summer jobs, and he gets FULL benefits while I get pennies. And Congress won't fix it because THEY DON'T LOSE THEIR BENEFITS!!!

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If you need to speak with an actual SSA agent about your specific situation (which I would recommend given the complexity), try using Claimyr. I was dealing with a complicated WEP question too and couldn't get through to SSA for weeks. Claimyr got me connected to an agent in 20 minutes. There's a demo video at https://youtu.be/Z-BRbJw3puU that shows how it works. They just schedule a callback from SSA so you don't have to wait on hold forever. Changed my life after spending days trying to get through on my own.

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Thank you for this suggestion! I hadn't heard of this service. After spending hours on hold only to get disconnected, I'm definitely going to check this out. I really need to speak with someone who understands both the WEP calculations and how QDROs affect them.

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this actually work? i've been trying to get someone at ssa about my disability application for like a month lol

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@profile7 Yes, it worked for me and several people in my retirement group. You still talk to the same SSA agents, they just handle the hold time for you. For disability questions especially, I'd recommend it since those can be super complex and you need to talk to the right person.

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Here's what you need to know about WEP recalculations: 1. SSA reviews your pension amount annually 2. Any increase can change your WEP reduction 3. You must report pension changes to SSA 4. The first $25,000 of annual pension is exempt from WEP calculations for 2025 5. After 30 years of substantial SS-covered earnings, WEP doesn't apply I recommend keeping documentation of all pension changes and how they were reported to SSA. Also, request an explanation in writing whenever your benefit amount changes.

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Thank you for the detailed breakdown! I'm nowhere near the 30 years of substantial SS-covered earnings (I only have about 12 years), so that won't help me. The $25,000 exemption is good to know though. I'll definitely keep detailed records of everything going forward.

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wait im confused... if your spouse dies dont you get survivr benefits from social security??? my aunt got her husbands ss after he passed away and it was more than hers

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GalaxyGlider

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It depends. The original poster mentioned her ex-spouse was also a teacher in a non-SS state (Texas), so he likely doesn't have enough Social Security credits to provide survivor benefits. You can only receive survivor benefits if the deceased spouse qualified for Social Security benefits themselves. Additionally, Government Pension Offset (GPO) would reduce any potential survivor benefits by 2/3 of her teacher pension amount, potentially eliminating them entirely.

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oh wow i didnt know that. so teachers in some states dont even get social security?? thats crazy

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One more thing to consider: if you haven't retired yet, you might want to delay your Social Security application until after your ex passes away (if that's potentially on the horizon). That way, the WEP reduction would be calculated using your higher pension amount from the start. This could potentially be better than having your SS benefit established and then reduced later.

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That's an interesting strategy I hadn't considered. My ex is actually in good health as far as I know, so planning around that wouldn't be practical. But it's good to understand all the options for how the timing might affect the calculations.

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