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Will WEP/GPO repeal let my non-SS teacher sister-in-law claim 50% of husband's Social Security benefit?

Confused about WEP/GPO rules with this potential repeal talk going around. My sister-in-law never paid into Social Security (worked as a public school teacher for 32 years). Her financial advisor apparently told her that with the changes being discussed, she'll be able to claim 50% of her husband's Social Security even though she has no SS credits herself. Her husband is taking early retirement at 64 after being laid off from his job.I thought you had to qualify for SS benefits on your own record first, then possibly get topped up to 50% if your spouse's record was higher? My husband qualifies under both systems so he'll get some kind of top-up benefit, but I'm pretty sure my SIL's situation is different.Am I misunderstanding something about WEP/GPO repeal, or is her financial advisor giving her incorrect information? I don't want them making retirement decisions based on bad advice, but I'm not confident enough to correct them.

Ethan Moore

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There's a LOT of misinformation out there about WEP/GPO repeal. As of right now, the Government Pension Offset is still in effect, meaning your sister-in-law would have any spousal benefits reduced by 2/3 of her teacher's pension. The financial advisor is likely assuming the GPO will be repealed, but this has NOT happened yet despite many bills being introduced over the years.If GPO were to be repealed (big IF), then yes, she could potentially get 50% of her husband's benefit without reduction. But making financial plans assuming legislation will pass is extremely risky. She should talk directly with SSA about her current options rather than planning on potential changes.

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Aisha Mahmood

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Thank you for this explanation! I was pretty sure the financial advisor was jumping the gun. I'll suggest they contact SSA directly before making any decisions. Is there any timeline for when we'll know if this repeal is actually happening?

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Yuki Kobayashi

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Im in almost the EXACT same boat!! My wife taught for 29 yrs in California and we were told by THREE different financial advisors she'd get half my SS when they repeal GPO. We've been planning our retirement around this for months now. Are you saying this isn't a sure thing??? OMG we may need to completely rethink everything!

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Ethan Moore

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I'm sorry, but yes, you need to rethink your plans. The repeal of GPO is NOT a sure thing at all. There have been bills to repeal it for decades, and none have passed. Financial advisors should not be telling clients to count on legislation that hasn't passed. I'd strongly recommend scheduling an appointment with SSA to understand your actual benefits under current law.

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Carmen Vega

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My mom was a teacher for 40 years and my dad worked in private sector. When he passed away last year, she got ZERO survivor benefits because of GPO even though they were married 46 years! The system is so unfair to teachers!!

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QuantumQuester

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This happened to my aunt too. She lost over $1800 a month in benefits she would have gotten if she'd worked literally any non-government job. It's absolutely criminal how they treat public servants under this law.

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Andre Moreau

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Your sister-in-law's financial advisor is giving potentially risky advice. Here are the facts:1. Currently, GPO reduces spousal benefits by 2/3 of the non-covered pension amount (her teacher pension)2. Without GPO, she would indeed be eligible for up to 50% of her husband's benefit without needing her own work record3. Several bills to repeal GPO/WEP have been introduced in Congress (most recently H.R. 82 and S. 1302)4. NONE have passed both chambers or become law5. The financial impact of repeal would be significant ($146 billion over 10 years according to CBO)Given the budgetary implications, full repeal faces significant hurdles. Your sister-in-law should plan based on current law while staying informed about legislative developments. Have her run calculations both ways - with and without GPO - to understand the potential difference.

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Aisha Mahmood

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This is incredibly helpful! Those budget numbers explain why it hasn't passed despite being introduced repeatedly. I'll definitely tell them to calculate their retirement both ways instead of assuming repeal will happen.

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Zoe Stavros

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The biggest issue here is that the financial advisor is giving advice based on legislation that hasn't passed! I've been trying to get through to SSA for two weeks to understand how GPO affects my benefits (similar situation, former state employee). Their phone lines are always busy or put you on hold for hours.I ended up using a service called Claimyr (claimyr.com) that got me connected to an SSA agent in under 20 minutes instead of waiting for hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU The agent walked me through exactly how GPO would affect my benefits under current law. Your sister-in-law really needs to get official information from SSA rather than relying on what might happen with legislation.

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Aisha Mahmood

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Thanks for the suggestion! Getting actual numbers from SSA would definitely help them make a more informed decision. I'll pass along the info about that service - much better than waiting on hold for hours.

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Jamal Harris

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I HATE THE GPO/WEP RULES!!! My husband worked 45 YEARS paying into social security and I worked for the state for 22 years. Because of my tiny state pension ($1,340/month) they take away almost ALL of my spousal benefit!!! Its THEFT plain and simple!!! They're stealing OUR MONEY that my husband PAID IN!!! The repeal HAS TO PASS!!!

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QuantumQuester

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I feel your pain. My mom lost almost $1,500/month because of this rule. The worst part is how many people don't even know about GPO until they go to claim benefits and get shocked with the reduction.

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Ethan Moore

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One more important thing to mention - if your sister-in-law's husband is taking SS at 64 (before his Full Retirement Age), his benefit is already permanently reduced. Even if GPO were repealed, her spousal benefit would be based on his reduced amount, not what he would have received at Full Retirement Age. That's another factor they should consider in their planning.

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Yuki Kobayashi

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Wait really?? The spousal benefit is based on the REDUCED amount if taken early??? Our financial advisor never mentioned this either!!! This changes everything for our calculations.

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QuantumQuester

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My neighbor was in this exact situation (teacher married to private sector worker) and was told by their financial guy the repeal was

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Aisha Mahmood

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That's exactly what I was worried about. I'll definitely make sure they understand this isn't guaranteed so they can plan realistically. Thank you for sharing your neighbor's experience.

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