Will Social Security WEP/GPO repeal increase widow's benefits from third husband with government pension?
I'm trying to help my mother navigate a complicated Social Security situation. She's 83 and has been widowed three times. Her benefit situation is confusing me: Husband #1 (my father) - died young at 39, had good earnings record Husband #2 - 32-year marriage, self-employed business owner with minimal reported income Husband #3 - 6-year marriage, had government pension subject to WEP/GPO (not sure which one) Currently, she receives survivor benefits based on my father's (husband #1) record because it gives her the highest payment (about $2,250/month). I've been reading about the WEP/GPO repeal that's being discussed, and I'm wondering if this could potentially increase what she might get from husband #3's record once implemented. Should I have her contact Social Security now to inquire about this possibility, or should we wait until the repeal details are finalized? She gets confused easily about these technical matters, so I want to make sure I'm giving her the right guidance. Would the SSA even be able to give her any concrete answers at this point?
16 comments
Sebastián Stevens
The WEP/GPO repeal legislation isn't finalized yet, so contacting SSA now probably won't get you definitive answers. They can only apply current rules. However, it would be helpful to understand how her current benefit was calculated and which specific provision (WEP or GPO) affected husband #3's benefits. GPO reduces spouse/widow benefits if you receive a pension from work not covered by Social Security. WEP reduces the worker's own benefit if they had both covered and non-covered employment. If her third husband's benefit was reduced by WEP (affecting his own benefit), the repeal might increase what she could get as his widow. But you need to know if his benefit would be higher than what she's currently receiving from husband #1 even after potential WEP elimination. SSA can at least tell you what husband #3's PIA (Primary Insurance Amount) would be without WEP.
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Angelina Farar
•Thank you for explaining the difference! I'm pretty sure it's GPO that affected his benefits because he mentioned something about his "government pension offset" before he passed. So if I understand correctly, if GPO is repealed, my mother might qualify for a higher survivor benefit based on husband #3's record? I'll try to find out what his PIA would be.
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Bethany Groves
OMG the survivor rules r so confusing!!! my mom got widowed twice to and she said she just takes whatever check is biggest. Maybe just wait until the repeal actually happens? nobody knows when that will actually happen tho
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Angelina Farar
•You're right, it is super confusing! And yes, she's currently taking the highest benefit available (from my dad). I'm just wondering if the repeal might make husband #3's benefit higher, but I think you're right that waiting might be the most practical approach.
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KingKongZilla
Your mother's situation is exactly the type that might benefit from the WEP/GPO repeal. Since she's drawing survivor benefits from husband #1, and husband #3 had a government pension affected by GPO, she might indeed qualify for a higher benefit once the repeal is implemented. Here's what I recommend: 1. Contact SSA and ask for the PIA (Primary Insurance Amount) for all three husbands WITHOUT the GPO/WEP reduction applied. 2. Ask specifically what husband #3's unreduced Social Security benefit would have been. 3. Compare this to what she currently receives from husband #1's record. This will tell you whether it's worth pursuing once the repeal happens. Keep in mind, even if legislation passes, implementation will take time - likely 1-2 years minimum. Given your mother's age, it's worth starting the information gathering now.
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Angelina Farar
•Thank you for this clear advice. I'll help her gather this information. Given her age (83), I want to make sure she benefits from any positive changes as soon as possible. I'll call and ask about the PIA for all three husbands without the reductions.
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Rebecca Johnston
My sister was in a similar situation and SSA told her to just wait!! They said they cant even process those kind of hypothetical questions about repeals that havent happened yet!!!
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KingKongZilla
•While they won't process hypothetical scenarios based on potential future legislation, they CAN provide information about what each deceased spouse's PIA would be without the current reductions. This information would be valuable for planning purposes, even if they won't calculate exact future benefits.
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Nathan Dell
I dealt with a similar situation when trying to get information about my deceased husband's benefits. Spent WEEKS trying to get through to SSA on the phone - constant busy signals, disconnects, and hours on hold. I eventually discovered Claimyr (claimyr.com) which got me connected to a real agent in about 20 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Once I spoke with an agent, they were able to give me the unreduced PIA amounts I needed to compare options. Given your mom's age, it might be worth using a service like this rather than spending weeks trying to get through on your own.
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Angelina Farar
•Thank you for the suggestion! Getting through to Social Security has been a nightmare in the past. I'll check out that service - anything to avoid the endless hold times would be helpful!
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Maya Jackson
I don't want to be a downer but they've been talking about repealing WEP/GPO for YEARS and nothing happens. My dad was a teacher with a pension and my mom got hit with GPO when he died. She's been waiting for a repeal for 8 years now. I wouldn't hold your breath.
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Sebastián Stevens
•You're right that repeal efforts have been ongoing for many years. The current legislation does have more momentum than past attempts, but nothing is guaranteed. This is why I recommended gathering information now while continuing to receive the highest available benefit. That way, if a repeal does happen, they'll be prepared to act quickly.
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Tristan Carpenter
Maybe I misunderstanding something - I thought the widow always gets the HIGHER of either their own benefit OR their deceased spouse's benefit? So if your mom is already getting the highest benefit (from husband #1), why would it matter if husband #3's benefit increases after WEP repeal? Wouldn't she just continue getting the highest one available?
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KingKongZilla
•Great question. The key is that right now, husband #3's benefit might be artificially lower due to WEP/GPO. If those provisions are repealed, his benefit could potentially become higher than husband #1's, making it the new highest benefit available to her. That's why it's worth checking what husband #3's unreduced benefit would be - to see if it might exceed what she currently receives from husband #1 after a repeal is implemented.
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Sebastián Stevens
Something else to consider: The GPO/WEP repeal proposals usually include a phase-in period, not an immediate full repeal. This means the full benefit increase would likely come gradually over several years. Given your mother's age, I'd recommend getting the information now so you're prepared to take action as soon as any legislation passes. While you're gathering this information, also ask about what documentation she might need to provide if she needs to switch to claiming on husband #3's record. Having these documents ready (marriage certificate, death certificate, etc.) can save time later.
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Angelina Farar
•That's a really important point about the phase-in period that I hadn't considered. I'll definitely get all her documentation in order too. She has all the marriage and death certificates filed away, so at least that part should be straightforward. Thank you for this advice!
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