The Social Security Fairness Act was signed into law around New Year’s Eve 2023, bringing major changes for retirees affected by the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO). If you or someone you know has had Social Security benefits reduced due to receiving a government pension, this law could put more money back in your pocket.
What is the Social Security Fairness Act?
This bipartisan law repeals two key provisions—WEP and GPO—that previously reduced or eliminated Social Security benefits for workers who received government pensions from non-Social Security-covered employment.
For years, workers like: Teachers in states like Texas and California
Federal employees under the old Civil Service Retirement System (CSRS)
State and local government employees who didn’t pay into Social Security
…found themselves facing unexpected reductions in their benefits when they filed for Social Security.
Now, with this new law in place, these penalties have been eliminated, and eligible retirees will see an increase in their Social Security checks.
How WEP and GPO Affected Social Security Benefits
Before the Fairness Act, many retirees faced financial setbacks due to these two provisions:
Windfall Elimination Provision (WEP) – Reduced Social Security benefits for individuals who worked in both a non-Social Security-covered job (like teaching in certain states) and in Social Security-covered employment.
Government Pension Offset (GPO) – Reduced or eliminated spousal and survivor benefits if the person also received a pension from a non-Social Security job.
Example: How This Law Helps Retirees
Take Bill and his wife, Susan, a couple affected by GPO. Susan worked her whole life as a teacher in Texas, a state where teachers did not pay into Social Security. She only received a pension.
Bill, on the other hand, worked in the private sector and qualified for Social Security benefits. Normally, a spouse could collect half of their partner’s Social Security benefit while both are alive and the full benefit after the spouse passes away.
But under GPO, Susan’s pension wiped out her ability to claim a spousal benefit.
Before the Fairness Act: Susan was ineligible for spousal or survivor benefits due to her pension.
After the Fairness Act: She now qualifies for her full spousal and survivor benefits—boosting their income by over $1,600 per month.
What This Means for You
If you previously saw your Social Security reduced or eliminated due to WEP or GPO, your benefits will be recalculated automatically, and you’ll receive retroactive payments back to January 1, 2024.
If you’re already receiving Social Security, you should hear from the Social Security Administration (SSA) soon.
If you never filed for benefits because you assumed you wouldn’t qualify, you need to take action now.
If you’re still working, this could change your retirement planning strategy significantly.
Next Steps: What You Should Do
Check your Social Security statement to see how WEP or GPO impacted your benefits.
If you haven’t filed yet, apply now to ensure you get the benefits you’re entitled to.
Talk to a financial advisor to update your retirement income strategy based on these changes.
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This is great news for many retirees who were unfairly impacted in the past. If you or someone you know was affected by WEP or GPO, share this information with them so they don’t miss out on these benefits!