Will my mother get survivor benefits with WEP/GPO repeal if both parents had teacher pensions and SS earnings?

So sorry for your loss. I just went through this with my mom when my stepdad died. The WEP/GPO repeal is phasing in gradually over the next few years, so your timing matters. She absolutely needs to apply for survivor benefits ASAP - like this week. Even though your dad never filed, she can still get survivor benefits based on his earnings record if it would give her more than her own benefit. I had to call SSA about 40 times trying to get an appointment for my mom. Finally used Claimyr (claimyr.com) and got through to schedule her appointment. They have a video that shows how it works: https://youtu.be/Z-BRbJw3puU. Worth every penny because my mom got a $1,300 monthly increase from the survivor benefit that we didn't know she qualified for.

sorry bout ur dad. my cousin who works at SS told me that the WEP GPO thing dont matter if its a survivor benefit, its different rules. just apply online and they will figure it out for u

First, my condolences on your father's passing. This is a complicated situation that requires careful navigation. Here's what you need to know: 1) Yes, your mother can potentially claim survivor benefits based on your father's Social Security record even though he never filed. The fact that he paid into Social Security during his summer jobs means he accumulated credits. 2) Under normal circumstances, the Government Pension Offset (GPO) would reduce her survivor benefits by 2/3 of her teacher's pension. However, the Social Security Administration Fairness Act (which repeals WEP/GPO) begins phased implementation in 2025. Importantly, the reduction is gradually phased out over 10 years. 3) For 2025, she would see a 10% reduction in the GPO penalty, so instead of losing 2/3 of her pension amount, she'd lose 60% of that amount - a modest improvement but still significant. 4) She needs to apply for survivor benefits in person or by phone. This CANNOT be done online. She should bring: - Your father's death certificate - Their marriage certificate - Both Social Security cards - Her pension information - Recent tax returns if available Call immediately to schedule an appointment as there's a time limit for retroactive benefits.

TOTALLY FRUSTRATING!!! My husband was a firefighter (pension) and also worked construction (SS). When he died I got NOTHING from his Social Security even though he paid in for 20+ years!!! They said my teacher pension offset everything he paid. Now they're repealing it but TOO LATE FOR ME!!! Been living on ramen noodles for 2 years while the government keeps money that should be MINE!!! The whole system is designed to STEAL from public servants!!!

I work with retired educators and this situation comes up frequently. Here's what your mother should do: 1. Apply for survivor benefits immediately. There's a time limit - you can only receive up to six months of retroactive benefits from when you apply. 2. Under the new law (Social Security Administration Fairness Act), the WEP/GPO penalties will be reduced by 10% in 2025, and then by an additional 10% each year until completely eliminated by 2035. 3. Your mother may be eligible for either: - Her own Social Security benefit (currently $2,450/month) - A survivor benefit based on your father's work record - Or potentially a combination under the changing rules 4. The SSA will calculate which provides the highest benefit during this transition period. 5. Her teacher's pension will still cause some reduction in 2025 (90% of what the reduction would have been under the old rules), but this will improve yearly. I recommend scheduling an in-person appointment at your local SSA office. Bring death certificate, marriage certificate, both SSNs, and pension information.

To add to my previous response, since your mother has her own Social Security benefit of $2,450/month, the SSA will compare that to what she would receive as a survivor benefit based on your father's earnings record. She'll get whichever is higher, not both. However, if your father's benefit would have been substantially higher than her current benefit, this could mean a significant increase for her. The calculation is complex because they'll need to compute what your father's benefit would have been had he claimed (even though he didn't), then calculate her survivor benefit as a percentage of that, then apply any remaining GPO reduction based on the phase-in schedule. One important note: If your mother hasn't reached her Full Retirement Age (FRA), claiming survivor benefits early will result in a permanent reduction. If she's already at or past her FRA, this isn't a concern.

@yourusername To answer your question about documentation - when I helped my mom file for survivor benefits, we needed: - Dad's death certificate (certified copy) - Their marriage certificate - Both Social Security numbers - Mom's bank account info for direct deposit - My mom's ID - Dad's last W-2 or tax return showing his SS earnings If you don't have all of his SS statements, don't worry. SSA has all of that on file in their system. And yes, definitely bring the marriage certificate - they required that for my mom.

@user8 It's called the Windfall Elimination Provision (WEP), along with the Government Pension Offset (GPO). These are the provisions being phased out over the next decade. But they're being reduced gradually, not eliminated immediately. 10% reduction in 2025, 20% in 2026, and so on until fully eliminated in 2035. @yourusername If you can't find the marriage certificate, you should request a certified copy from the county clerk's office where they were married. SSA typically requires official documentation and may not have marriage records in their system. They need to verify both the marriage and that it remained valid until your father's passing.

i don't understand why this is so complicated lol. just call social security and tell them ur dad died and see what they say. my grandpa died and my grandma got his social security check the next month, it was automatic