Ask Liz Weston

Get smart with your money

Social Security

Q&A: When WEP doesn’t apply

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Dear Liz: I am a retired police officer who worked for an organization that did not pay into Social Security or Medicare. During my career I worked side jobs and paid my own self-employment taxes to get my 40 quarters to qualify for Medicare once I reach age 65. I did have Social Security earnings for about eight years prior to my law enforcement career. My understanding is any Social Security I would otherwise be entitled to will be wiped out by the windfall elimination provision. The WEP calculator on Social Security’s website isn’t user friendly so I can’t tell if I will lose all or a portion of my Social Security to WEP.

Answer: Your own Social Security benefit won’t be wiped out. The windfall elimination provision can reduce your Social Security retirement benefit by up to half when you get a pension from a job that didn’t pay into Social Security.

By contrast, another provision called the government pension offset (GPO) can and often does eliminate Social Security benefits, but only those based on someone else’s work record, such as spousal or survivor benefits.

Also, you misunderstood how Medicare works. You need to work 40 quarters to qualify for a Social Security retirement benefit, but you can qualify for Medicare at age 65 as a U.S. citizen regardless of your work history.

Q&A: Social Security cost of living adjustments

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Dear Liz: I am 67 and am delaying taking my Social Security until age 70 to take advantage of the 8% annual deferral. I was told by an individual at the Social Security office that I won’t get any inflation adjustments, such as the 8.7% increase for this year, and that people only receive the inflation adjustments if they’re actually receiving Social Security. Is that correct?

Answer: No. The Social Security Administration makes that clear in its two-page document, “Your Retirement Benefit: How It’s Figured.” Here’s what that document says verbatim:

“You’re eligible for cost-of-living benefit increases starting with the year you turn age 62. This is true even if you don’t get benefits until your full retirement age or even age 70. We add cost-of-living increases to your benefits beginning with the year you reach 62. Benefits are adjusted yearly to reflect the increase, if any, in the cost-of-living as measured by the Consumer Price Index.”

Your experience unfortunately isn’t unique. Other readers have reported getting misinformation or bad advice from Social Security reps. Social Security is a complicated system with many nuances, so it’s important to get a second opinion from a knowledgeable source, such as a fee-only financial planner, before making decisions regarding your benefits.

Q&A: 401(k) payouts and Social Security

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Dear Liz: I was laid off from my job in late 2021 and at 62 was unable to find employment. After six months of unemployment benefits, I filed for Social Security. My 401(k) account from my previous employer was rolled into a traditional IRA. I also took a distribution to carry me through the months without unemployment and to repay a 401(k) loan I used as the downpayment on my home. I was taxed on the total amount of rollover funds, as well as on the distribution, which seems like I paid tax twice. All told, it looks like I made a lot of money in 2022. How will this affect my Social Security benefits going forward?

Answer: You don’t have to pay tax on the 401(k) funds that were rolled into the traditional IRA. If you’ve already done so, please consult a tax pro immediately about filing an amended return to get that money back.

You may have been confused by the 1099-R tax form issued by your 401(k) provider, which reported the entire amount that left your 401(k) account as a distribution. But only the amount that didn’t make it into the IRA is considered taxable.

The taxable distribution isn’t considered earned income that would trigger the earnings test. (The earnings test applies to people receiving Social Security before their full retirement age, currently ages 66 to 67. The test causes $1 to be withheld for every $2 earned over a certain limit, which is $21,240 in 2023.)

But distributions can cause more of your Social Security benefit to be taxable. Taxes on Social Security are based on a unique formula known as “combined income,” which includes your adjusted gross income plus any nontaxable interest and half your Social Security benefits.

If you’re a single filer and your combined income is between $25,000 and $34,000, you may have to pay income tax on up to 50% of your benefits. If your combined income is more than $34,000, up to 85% of your benefits may be taxable. Married couples filing jointly may have to pay income tax on up to 50% of benefits if their combined income is between $32,000 and $44,000. If their combined income is more than $44,000, they could owe tax on up to 85% of their benefits.

Keep in mind that you don’t lose 50% to 85% of your benefit to taxes. That’s the proportion that is subject to tax.

A tax pro can help you estimate the effect of future distributions and calculate how much you may need to withhold to avoid penalties.

Q&A: When Social Security isn’t enough

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Dear Liz: I am 87, divorced for 45 years, never remarried. I applied for my 93-year-old former husband’s Social Security support and qualified. I was refused by the local Social Security office. I really don’t understand why. I am a COVID long-hauler and I get confused. I was a stay-at-home mom until my kids were in college, and my husband divorced me. My Social Security is not enough to support me, and I am seriously in debt. I am set up with Social Security to receive my share of my former husband’s Social Security at the time of his death. What am I doing wrong?

Answer: If your former husband is still alive, it’s possible that your current Social Security retirement benefit is larger than any benefit you would have gotten from his work record. Spousal and divorced spousal benefits are limited to 50% of the primary worker’s benefit at full retirement age.

Should he die, you could be eligible for a divorced survivor benefit, which is up to 100% of the amount he was receiving.

Rather than wait, though, you should consider talking to a bankruptcy attorney about your debt. Consider asking one of your kids or a financially savvy friend to come with you and take notes so you understand your options.

Q&A: Switching between survivor benefits

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Dear Liz: My wife is drawing Social Security survivor benefits. Next year I will start drawing my own Social Security benefits at full retirement age. If I were to die, could she switch over to survivor benefits based on my work history? I know she would get a lot more than what she’s getting now, which is why I’m asking.

Answer: Yes, your wife could switch should you die first. If you can afford to wait a bit longer to apply, you would further increase both your own retirement checks and the survivor benefit she could claim. AARP has a free calculator that can help you see how much larger your benefit could be.

For those who are wondering: Survivor benefits for widows and widowers can continue if they remarry at 60 or later. That’s not the case for divorced spousal benefits, which end if the recipient remarries.

Q&A: Social Security survivor benefits can be confusing. Here’s how they work

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Dear Liz: My husband passed away, and I am 59 years old and no longer working. Social Security’s site says that once I turn 60, I can get 71.5% to 99% of what he would have received at his full retirement age. What determines whether I get 71.5% or 99% or something in between?

Answer: The range you mention applies when you start survivor benefits before your own full retirement age for such benefits. For people born in 1962 and later, the full retirement age for survivor benefits is 67.

(This is different from the full retirement age for retirement benefits, which is 67 for people born in 1960 and later. Just in case you thought Social Security benefits weren’t quite complicated enough.)

It also matters if your husband was receiving Social Security benefits when he died. If so, the survivor benefit would be based on that check. If not, the survivor benefit would be based on the amount he would have gotten at his full retirement age (if he died at or before that age) or the benefit he earned (if he died after full retirement age).

In general, though, the earlier you start Social Security benefits, the less you get. If you start survivor benefits at 60, then you’d get 71.5% of your husband’s benefit. If you wait until right before you turn 67, you could get 99%. If you wait until you turn 67, you get 100%.

Your check also could be reduced if you start survivor benefits early and then go back to work. The earnings test would reduce your check by $1 for every $2 you earned over a certain limit, which in 2023 is $21,240. The earnings test would apply until you turned 67.

Something else you should consider is the Social Security benefit you’ve earned based on your own work record. This benefit can continue to grow if you put off claiming it until the amount maxes out at age 70.

You’re also allowed to switch between survivor benefits and your own, or vice versa. (Switching is something that’s not typically allowed with other benefits, such as spousal benefits.)

You could start receiving reduced survivor benefits at 60 and switch to your own maxed-out benefit at 70 — or start your own reduced benefit at 62 and switch to the unreduced survivor benefit at 67, for example. The right course will depend on the amounts involved and the math can be complicated, so consider consulting a financial planner or Social Security claiming strategy sites such as Social Security Solutions or Maximize My Social Security.