Will WEP reduce my Social Security if I receive ex-husband's PERS pension from divorce settlement?

this sounds complicated. I think WEP only applies if YOU worked in a job where you didnt pay social security taxes. If youve been paying into SS your whole career as a nurse, WEP shouldn't apply to you just bc you get some of your exs pension. But i'm not 100% sure

This is a great question that involves understanding how WEP works with divorced spouse benefits. The good news is that WEP should NOT apply to your own Social Security retirement benefits in this situation. WEP only applies when YOU personally worked in a job where YOU didn't pay into Social Security. Since you paid into Social Security during your entire nursing career, your own retirement benefits should not be subject to WEP reduction. What you're receiving is a portion of your ex-husband's pension through a QDRO (Qualified Domestic Relations Order), which is considered a property division from your divorce. The fact that it comes directly from PERS doesn't change its fundamental nature - it's divorce-related property division, not a pension you earned through non-covered employment. However, if you were planning to claim any spousal or divorced spouse benefits on your ex-husband's Social Security record, those could potentially be affected by the Government Pension Offset (GPO), which is different from WEP.

My sister went through something similar with her ex-husband's teacher pension in California. She got really worried about WEP too but ended up being fine. SSA can be so confusing sometimes!

To confirm what others have said, WEP only applies to individuals who worked in positions where they didn't pay Social Security taxes. Since you worked as a nurse and paid into Social Security throughout your career, WEP does not apply to your benefits based on receiving a portion of your ex-spouse's pension. What might be causing confusion is that the Government Pension Offset (GPO) can affect Social Security spousal or survivor benefits for people who receive pensions from work not covered by Social Security. However, this typically applies when YOU earned the pension from non-covered work, not when you receive a portion of someone else's pension as part of a divorce settlement. I recommend getting this clarified in writing. You can request a formal written determination from your local Social Security office regarding WEP applicability to your specific situation. Bring your divorce decree and documentation about your PERS payments to the appointment.

DONT TRUST WHAT THE SSA REPS TELL YOU ON THE PHONE!!! I had a similar situation (not exactly the same, but WEP related) and got 4 DIFFERENT ANSWERS from 4 DIFFERENT PEOPLE!!! The rules are so complicated that most of their own employees don't understand them. Get it in WRITING and ask to speak to a technical expert who specializes in WEP/GPO issues. Regular claims reps often give wrong info on these specialized topics.

my brothers friend works for ssa and says the key thing is did YOU work in a job where you didnt pay ss taxes. if no then WEP doesnt apply to you. doesnt matter where your other money comes from as long as you paid into ss for enough years (think its like 30 years or something

You're absolutely right about the 30 years of substantial earnings eliminating WEP - that's a good point. At 28 years, you'd only potentially face a partial WEP reduction if it applied to you (which it shouldn't based on your situation). If you can work those additional 2 years to reach 30 years of substantial earnings, it would give you extra protection against any potential WEP issues, plus likely increase your benefit amount. Regarding getting something in writing from SSA: Yes, I highly recommend requesting a formal written determination. You can do this by scheduling an appointment (online or by phone) and specifically asking for a determination on WEP applicability to your situation. Bring all documentation related to your divorce decree, PERS payments, and work history.

I'm so glad I found this thread because my situation is kinda similar! My ex worked for the county while I worked regular jobs with SS taxes. Getting divorced in 2 months and will get part of his pension. Was worried about this exact issue!

Thank you all for your helpful responses! I've scheduled an in-person appointment at my local SSA office next week and prepared a list of questions based on your suggestions. I'll ask for written confirmation and the specific POMS references. I'm also going to look into working those additional 2 years to reach 30 years of substantial earnings - that seems like the safest approach. I'll update this thread after my appointment in case it helps someone else in a similar situation.

This is such a helpful thread! I'm actually in a similar boat - getting divorced and my ex worked for the state while I've always worked private sector jobs. Reading through all these responses has been really reassuring. The key takeaway seems to be that WEP only applies if YOU personally worked in non-covered employment, not if you receive pension money from someone else's non-covered work through divorce. @Liv Park, I'm definitely going to follow your lead and get something in writing from SSA before I file for my benefits in a few years. Thanks everyone for sharing your knowledge and experiences!

This thread has been incredibly informative! I'm a Social Security disability attorney and I see confusion about WEP/GPO issues all the time. You're all absolutely correct that WEP only applies when the individual personally worked in non-covered employment. @Liv Park, your situation is a textbook example of where WEP should NOT apply - you've paid into Social Security your entire nursing career, and receiving a portion of your ex-husband's pension through divorce decree doesn't change that. The fact that PERS sends the payment directly to you doesn't make it "your" pension from non-covered employment. It's still considered property division from divorce. Getting written confirmation is smart, and asking for the specific POMS citation (likely RS 00605.364 for your situation) will help ensure consistency if you need to reference it later. Working those extra 2 years to hit 30 years of substantial earnings is also a great safety net, though it shouldn't be necessary in your case.