Will applying for Social Security spousal benefits affect my potential WEP relief under HR 82?

This is a tricky situation. Your spousal benefit and your WEP-reduced benefit are two separate calculations. If you start receiving spousal benefits, you're still entitled to any retroactive relief that might come from WEP reform like HR 82 for the periods when you were receiving your WEP-reduced benefit. The spousal benefit calculation is: 50% of your spouse's PIA minus 100% of your own PIA (before WEP reduction). So even if you switch to spousal benefits now, if HR 82 passes, you should still receive any retroactive adjustment for your own benefit periods.

dont wait for HR 82!!!! they been talking about this bill for YEARS and it never passes. get your higher benefits now. bird in hand better than 2 in the bush

I went through a similar situation last year. I worked 22 years in a non-covered school district in California, then had 15 years under Social Security. My wife's benefit is substantially higher than mine. When I applied for spousal benefits, the SSA representative confirmed that any future WEP reform would still apply to my record for the period I received my own benefits. One important point: make sure you understand how much your spousal benefit will actually be. The formula is 50% of your wife's Primary Insurance Amount MINUS your own full Primary Insurance Amount (the WEP reduction doesn't factor into this calculation). So you might get less than you expect. In my case, I only got about $450 additional per month, not the full 50% of my wife's benefit.

They use your PIA BEFORE the WEP reduction when calculating spousal benefits. So if your PIA before WEP was $1,200 but you only received $800 after WEP, they'd still use the $1,200 figure when determining your spousal benefit. That's why many WEP-affected people are disappointed when they apply for spousal benefits - the increase isn't as much as they expected.

THE WEP IS SO UNFAIR!!!!! I worked 30 years, 15 in public service and 15 in private sector. Gov't takes away MY EARNED BENEFITS just because I was a teacher!!! HR 82 better pass this time or we need to VOTE THEM ALL OUT!!! This is theft of our earned benefits!!

Just to clarify something important - your spousal benefit calculation is based on your PIA before WEP reduction, but after any GPO (Government Pension Offset). So your actual calculation would be: 1. 50% of your wife's PIA 2. MINUS your own PIA before WEP reduction So if your wife's PIA is $2,300, and your PIA before WEP is $1,100: $2,300 × 0.5 = $1,150 $1,150 - $1,100 = $50 You're correct that you might only get about $50 more per month. However, you should still apply because: 1. Even small increases add up over time 2. Future COLA increases will apply to the higher amount 3. It establishes your eligibility if circumstances change

wait...i thought WEP only applies if you didn't have 30 years of substantial earnings under social security? did you check if you might be close to that threshold? maybe you can get partial WEP exemption?

I've been calling SSA for WEEKS trying to get someone to explain my WEP situation. Can never get through!! So frustrating. Hold for hours then get disconnected. Anyone know a better way to actually TALK to a real person at Social Security??

thanks! ill check it out. anything better than listening to that same hold music for 3 hours lol

Update for everyone: I appreciate all the advice! I've decided to keep my appointment next month to apply for spousal benefits. Even though the increase might be small, it's still extra money. And if HR 82 or similar legislation passes in the future, I'll still be eligible for any retroactive payments for the period I was collecting my own benefit. Thanks for helping me understand this complicated situation!