Windfall Elimination Provision changes affecting teacher retirement and SS survivor benefits?

You're actually confusing WEP (Windfall Elimination Provision) with GPO (Government Pension Offset). WEP affects your own Social Security benefits if you also receive a pension from non-covered work. GPO is what affects survivor benefits when you receive a government pension. To directly answer your question - no, there haven't been any recent changes to either provision that would suddenly make you eligible. The GPO typically reduces your survivor benefits by 2/3 of your government pension. With your teacher pension at $3,450/month, the offset would be about $2,300, which might completely eliminate your survivor benefits depending on what your husband's benefit amount was.You should definitely contact SSA directly to get a personalized calculation though. If your husband's benefit was substantial, you might still get a partial survivor benefit even after the GPO reduction.

Thank you for explaining the difference between WEP and GPO! I get them mixed up all the time. My neighbor (also a retired teacher) told me there was some kind of change coming that would help us. Maybe she was talking about proposed legislation that hasn't actually passed? I'll definitely contact SSA to see if I qualify for any partial survivor benefits.

my sister had this exact problem!!! she taught in Texas for 25 yrs and her husband died in 2022. she got NOTHING from his ss even tho he paid in for 40+ years. its totally unfair how they treat teachers!!!!

Same here! My mom was a teacher in Illinois and when my dad passed, she lost almost all of his Social Security. The whole system is designed to punish public servants.

There has been proposed legislation to reform both WEP and GPO for years, but nothing has passed yet. The Social Security Fairness Act would eliminate both provisions entirely, while other bills would modify them to reduce their impact. You should definitely apply for survivor benefits regardless. Even with GPO, if your husband's benefit was high enough, you might still receive a partial amount. The calculation is:Survivor Benefit - (2/3 × Teacher Pension) = Your Payable BenefitIf your payable benefit is greater than zero, you'll receive that amount. For example, if your husband's Social Security benefit would have been $2,800, your calculation would be:$2,800 - ($3,450 × 2/3) = $2,800 - $2,300 = $500 monthly benefitIt's definitely worth applying to find out.

Thank you for this explanation! I had no idea I might still qualify for something. My husband's benefit would have been around $2,900/month according to his last statement. So based on your calculation, I might be eligible for about $600/month in survivor benefits? That would make a huge difference for me.

I HATE the GPO with a passion!!! My husband worked 45 years and I can barely get any of his Social Security because I was a teacher for 32 years. It's THEFT pure and simple. The government is stealing money that my husband paid in. We need to keep fighting this unfair law!!

absolutely!! my rep told me they try to change it every year but it never passes. we should all be calling our congress people every single day until they fix this!!!!

Hey, just wanted to say I had a similar situation with my late wife's benefits (I was a firefighter with a pension). I tried calling Social Security for WEEKS and could never get through - either endless hold or disconnected. Finally used a service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in under 10 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puUThe agent was able to run all the calculations for me on the spot and it turns out I was eligible for a small survivor benefit even with the GPO reduction. Worth checking out if you're having trouble reaching someone at SSA.

Thank you for this suggestion! I've been trying to get through to SSA for weeks without success. I'll check out that service. Did you have to provide them with any personal information besides what you'd tell SSA anyway?

Nope, they just connect you to SSA directly - you still talk to the actual Social Security representatives for all the personal stuff. It basically just helps you skip the hold time. Hope it helps!

Did ur husband have any minor children when he passed? If so there might be additional benefits u could qualify for. My friend was in a similar situation but her daughter got benefits until she turned 18 even tho my friend couldn't get much because of her teacher pension. Just another angle to consider?

No, our children are all grown up with families of their own. But thank you for suggesting that - it's good information for others who might be reading this thread.

Just to clarify something important - you do NOT have to give up your teacher retirement to get survivor benefits. You can receive both, but as others have explained, your survivor benefits will likely be reduced by the GPO. Also, there's a deadline for filing for survivor benefits - generally you must file within 2 years of the death. Since you mentioned your husband passed away 2 years ago, you should apply IMMEDIATELY to avoid missing any potential benefits. Even if you're not sure you'll qualify, it's better to apply and be denied than miss out on benefits you're entitled to.

Oh my goodness, I had no idea there was a deadline! Thank you so much for mentioning this. I'm going to apply right away. Would filing online be faster than trying to get an appointment?

For survivor benefits, you generally can't complete the entire application online. You need to call SSA at 1-800-772-1213 to schedule an appointment (either phone or in-person). Given the time sensitivity in your situation, I'd try to reach them immediately using whatever method works fastest.

Just wanted to share that my mom was in a very similar situation (teacher pension + deceased spouse). She actually got a retro payment of about $14,000 when she finally applied because they went back to her husband's death date. Don't delay in applying!

Wow, that's amazing! I had no idea they might go back to the death date for payments. This is getting more urgent by the minute. I'm going to try calling SSA first thing tomorrow morning.

One final recommendation - when you speak with SSA, ask specifically about the

Thank you for this detailed advice. I'll definitely ask about that calculator and make sure I understand how they're determining my benefit amount. I really appreciate everyone's help - I was completely in the dark about possibly being eligible for any survivor benefits, and now I feel like I have a clear action plan!