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Will Social Security survivor benefits be affected by WEP if my late husband was a police officer?

I lost my husband last year and I'm trying to figure out our Social Security situation. He was with the police department for 26 years and received a pension that was affected by the Windfall Elimination Provision (WEP). I'm currently receiving his survivor pension benefits, which will continue for my lifetime. I'm completely confused about how this affects my Social Security options. I have two main questions: 1) Will my Social Security survivor benefits be reduced by WEP because of his police pension? 2) I worked for about 30 years in retail management and will be eligible for my own Social Security benefits. When I eventually claim my own benefits based on my work record, will they also be reduced because of my husband's pension that I'm receiving? I've called SSA three times and somehow got three different answers! Any insight would be greatly appreciated as I need to make some important financial decisions soon.

Sorry about your husband. This WEP/GPO stuff is super confusing! I think GPO (Government Pension Offset) is what affects widows not WEP. WEP affects your own benefits if YOU worked in a non-SS covered job. But GPO can reduce survivor benefits if you get a govt pension from a job not covered by SS. But since your talking about HIS pension not yours, I'm not even sure GPO applies to you? The rules make my head hurt!!

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Thank you. Yes, it's incredibly confusing! So if I understand correctly, since I didn't work in a government job myself (just regular retail jobs that paid into Social Security), my own benefits shouldn't be affected by WEP? But I'm still confused about how his pension affects my survivor benefits.

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Emma Johnson

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I can help clarify this situation: 1) WEP (Windfall Elimination Provision) only affected your husband's own Social Security retirement benefits while he was alive. It does NOT carry over to reduce your survivor benefits. However, there is a separate provision called GPO (Government Pension Offset) that could affect your survivor benefits if YOU personally receive a government pension from non-SS-covered work. Since you mentioned working in retail management, which typically is covered by Social Security, GPO likely wouldn't apply to you. 2) Your own Social Security retirement benefits based on your 30 years of retail management will not be reduced by WEP or GPO simply because you're receiving your husband's police pension as a survivor. WEP only applies to individuals who themselves worked in jobs not covered by Social Security. The confusion you encountered when calling SSA likely stems from representatives mixing up WEP and GPO rules or misunderstanding whose pension is involved. I recommend requesting an appointment with a technical expert at your local SSA office who specializes in these provisions.

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Thank you so much for this detailed explanation! That makes much more sense now. So to confirm - since I never worked in a government job myself, neither WEP nor GPO should affect either my survivor benefits or my own retirement benefits? I'll definitely request an appointment with a technical expert as you suggested.

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Liam Brown

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my husband was a firefiter for 35 years and i went thru this same mess last year when he passed. you should be fine since YOU didnt work for the government. they cant take money from you for a pension YOU didnt earn!! the people on the phone dont know what there talking about half the time

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I'm sorry for your loss. It's somewhat comforting to know I'm not the only one dealing with this confusion. Did you end up getting survivor benefits based on your husband's Social Security record?

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Olivia Garcia

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The Social Security rules around government pensions are some of the most confusing in the entire system! I went through something similar with my wife who was a teacher in a non-covered state. One thing no one's mentioned yet - you should look into whether you're better off taking your OWN retirement benefit or the SURVIVOR benefit. You can actually take one now and switch to the other later. For example, you could take your survivor benefit now and let your own benefit grow until 70, then switch. Or take your own reduced benefit early and switch to survivor benefits at your full retirement age. Be VERY careful about your filing strategy - it can mean tens of thousands of dollars difference over your lifetime!!

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That's a really good point! I hadn't even thought about the possibility of taking one benefit now and switching later. Do you know if there are any calculators or resources that could help me figure out which strategy would be best for my situation?

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Noah Lee

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I had the EXACT same situation!!! Husband was police officer, died 2018, I get his pension. The SSA people on the phone kept confusing me too! I wasted MONTHS trying to get correct information. Here's what I learned after all that: WEP only affected HIM while alive. My survivor benefits were based on his WEP-reduced amount, but there was no additional WEP reduction. And my own SS from my nursing career wasn't affected at all by his pension. Try using Claimyr.com to get through to SSA faster. I spent hours on hold before finding that service. You can see how it works at https://youtu.be/Z-BRbJw3puU - it connected me to a real person in 20 minutes instead of endless hold times. The rep I finally talked to pulled up all the details and confirmed everything I just told you.

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Thank you so much for sharing your experience! It's incredibly helpful to hear from someone who went through the same situation. I'll definitely check out that service - the hold times have been absolutely brutal.

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Ava Hernandez

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Let me add some technical clarification here that might help. There are specific rules about WEP and GPO that apply differently: - WEP only applies to the worker's own benefits (your husband) and is already factored into any survivor benefit calculation - GPO would only apply if YOU earned a pension from non-SS-covered government work - Your survivor benefit is generally calculated as 100% of what your husband was receiving at his death (including any WEP reduction already applied) - You're entitled to the higher of either your own benefit or the survivor benefit (though you can strategize when to take each) When you contact SSA, specifically ask for someone who specializes in WEP/GPO cases. Regular representatives often don't deal with these special provisions frequently enough to give accurate information.

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This is wrong!!!! WEP dosnt affect survivers at all! Stop confusing people!!

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everyones making this WAY MORE COMPLICATED then it needs to be!!! WEP affected your husbands benefit ONLY! it has NOTHING to do with you or your survivors benefit at all!!! And your own SS wont be affected by his pension AT ALL. Period. The SSA people just dont know what there talking about and make everything confusing on purpose so you give up!!!

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Ava Hernandez

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I need to correct this misunderstanding. WEP reduced her husband's own benefit while he was alive. Any survivor benefit is calculated based on that already-reduced amount. So while WEP doesn't apply a second time to the survivor benefit, it does indirectly affect it because the starting amount was already lower due to WEP. This is an important distinction for accurate financial planning.

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Isn't there some rule about if your husband had 30+ years of substantial earnings under SS that WEP doesn't apply at all? Maybe that's why you got different answers - they might need to check his full earnings record to see if that exception applies?

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Emma Johnson

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You're absolutely right about the 30-year rule. If a person has 30 or more years of substantial earnings under Social Security, WEP doesn't apply at all. With 20-29 years, the WEP reduction is partially eliminated. Given that the original poster mentioned her husband was a police officer for 26 years, if he had other SS-covered work before or after his police service, he might have qualified for a reduced WEP impact or possibly no WEP at all. This could indeed explain some of the confusion when calling SSA.

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Olivia Garcia

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One thing that hasnt been mentioned - you should bring your marriage certificate, his death certificate, and your birth certificate to your SSA appointment. They'll need these to process any survivor benefit claim if you haven't already filed. And get there first thing in the morning when they open - the wait times get crazy after about 10am!

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