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Will my child get 50% of husband's Social Security retirement benefits when he draws at 62 with pension?

My husband will be turning 62 in 2029 and we have a complicated situation with the new Social Security Fairness Act. He's a firefighter who will receive his full pension, but he's also worked 30+ years outside the fire department earning SS credits. With the Fairness Act now in place, he's expecting around $1,375/month from Social Security at 62 (plus his pension). Here's what I'm confused about - we have a young daughter who will only be 7 when he starts collecting retirement benefits. I've heard conflicting information about whether she's eligible for dependent benefits (50% of his amount) since he's taking early retirement at 62, not disability. Some people told me children only get benefits from parents on SSDI or SSI, but others say children under 18 can get benefits from a retired parent too. Does it matter that he'll be getting both SS retirement AND a pension? Does the Fairness Act change anything about family benefits? We're trying to plan our finances for the next decade and this could make a huge difference for our daughter's education fund. Any help would be appreciated!

Natasha Petrova

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Yes, your daughter will be eligible to receive benefits! Children can receive up to 50% of a parent's full retirement benefit amount if the parent is retired and receiving Social Security retirement benefits. This is true even if your husband is taking benefits early at 62 or has a pension. The key requirements are: 1. The child must be unmarried 2. Under age 18 (or up to 19 if still in high school) 3. The parent must be receiving Social Security retirement benefits The Social Security Fairness Act impacts the WEP/GPO provisions that previously reduced benefits for government pensioners, but it doesn't change the rules about children's benefits. Your husband's pension won't prevent your daughter from receiving benefits. One important note: Since your husband is taking benefits early at 62 (before his Full Retirement Age), there will be a family maximum benefit that could reduce the total amount your family receives. You should contact SSA directly to get the exact calculation for your situation.

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Oliver Becker

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Thank you so much for clarifying! This is a huge relief. Do you know if my daughter's benefits would be based on my husband's reduced amount at 62 or what he would have received at full retirement age? And would her benefits affect the amount my husband receives?

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my cousin got payments for his kid when he retired early so i think youll be fine but call and check before u count on the money

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Emma Davis

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Everything the first person said is right, BUT there's a catch!!! The Family Maximum Benefit (FMB) will probably limit what your family can receive!!! The total amount for all of you COMBINED (your husband + daughter) can't exceed 150-180% of your husband's Primary Insurance Amount. And since he's taking retirement at 62, his benefit is already REDUCED, which means less money overall for both of them. It's SO FRUSTRATING how they don't make this clear on their website!!! And don't forget that your husband taking benefits at 62 means a 30% PERMANENT REDUCTION in his monthly amount compared to waiting until Full Retirement Age!!! With your daughter being so young, you might want to reconsider the timing! Or at least talk to someone at SSA about different scenarios.

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Oliver Becker

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Thanks for bringing up the Family Maximum Benefit - I had no idea about that! Is there a way to calculate what that would be for our situation? I'm getting concerned that we might need to reconsider having him file at 62 now.

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LunarLegend

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Your daughter will qualify for dependent benefits, but there are several factors to consider in your situation: 1. Your daughter's benefit would be up to 50% of your husband's Primary Insurance Amount (PIA), which is what he would get at full retirement age, not his reduced age-62 amount 2. However, the Family Maximum Benefit will likely cap the total amount your family can receive, so your daughter might get less than the full 50% 3. With the Social Security Fairness Act, your husband's pension no longer reduces his SS benefits through WEP, but this doesn't change how dependent benefits work 4. Your husband should carefully consider if filing at 62 is optimal - with a young child eligible for benefits for 11 years (until she's 18), waiting to claim could potentially maximize your total family benefits I'd recommend scheduling an appointment with SSA to run calculations on different claiming ages, considering your daughter's benefits in the total family strategy. They can show you exact numbers for different scenarios.

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Malik Jackson

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This is actually super helpful info but good luck getting thru to someone at SSA. I've been trying for WEEKS to talk to someone about my benefit calculation and keep getting disconnected after waiting for hours. It's ridiculous how hard it is to get basic info from them.

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sorry but this makes me so mad!!! my neighbor had almost the same situation and they told her the kid could ONLY get benefits if the parent was on DISABILITY not retirement!!! the SSA office people don't even know their own rules half the time!!!! 😡😡😡

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Natasha Petrova

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That's unfortunately a common misconception, even among some SSA employees who don't deal with these cases regularly. The official SSA rules clearly state that children can receive benefits from parents who are receiving retirement benefits OR disability benefits. Your neighbor might want to appeal or reapply with this information.

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Oliver Becker

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Thank you everyone for all this helpful information! I'm definitely going to look into the Family Maximum Benefit more and see if we should reconsider our timing. With our daughter being eligible until she's 18, maybe it makes more sense for my husband to wait longer to file. I'll try to get an appointment with SSA to run through different scenarios, though it sounds like reaching them might be a challenge. That Claimyr service might be worth checking out if I can't get through. The firefighter pension plus Social Security with the new Fairness Act already complicated our planning, and now we need to factor in our daughter's benefits too. I really appreciate everyone sharing their knowledge!

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just make sure you actually apply for your daughters benefits they dont do it automatic when he files

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LunarLegend

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One more important point that hasn't been mentioned - if your husband continues working after claiming at 62 (even part-time), he'll be subject to the earnings test until he reaches full retirement age. In 2025, beneficiaries who are under FRA for the entire year will have $1 in benefits withheld for every $2 earned above $22,320 (this amount increases yearly with inflation). Since your husband has always worked outside the fire department, this could significantly reduce both his benefits AND your daughter's if he continues working after claiming. The family maximum would still apply to whatever benefits remain after the earnings test reduction. This is another reason why many families in your situation might benefit from delaying the retirement claim, especially with a young child who would receive benefits for many years.

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Oliver Becker

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Oh wow, that's another wrinkle I hadn't considered. He was planning to do some consulting work after retiring from the fire department. It sounds like we really need to sit down with a financial advisor who specializes in Social Security planning. This is more complicated than I realized!

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