Social Security Fairness Act

Q&A: Should retired teacher return to work?

April 7, 2025 By Liz Weston 4 Comments

Dear Liz: I am a retired special education teacher who receives a government pension. The recent law change now permits me to also receive Social Security. I have 38 of the 40 credits required in order to qualify. Am I better off getting a job to earn those two credits? Another teacher explained to me that I can be paid 50% of my husband’s Social Security benefit instead. That would likely be greater than my own Social Security benefit. We would both wait until we are 70 to collect Social Security.

Answer: The Social Security Fairness Act did away with the windfall elimination provision and the government pension offset, two rules that reduced Social Security benefits for people receiving pensions from jobs that didn’t pay into Social Security.

As you’ve noted, to qualify for your own benefit you would need 40 quarterly credits or 10 years of work history at jobs that paid into Social Security. If your credits were earned decades ago at low-paying jobs, then your spousal benefit might well be larger than your own retirement benefit.

Your spousal benefit can be up to 50% of your husband’s benefit at his full retirement age. Spousal benefits are reduced if you start before your own full retirement age, which is presumably 67, but won’t be increased if you wait beyond that age. Your husband must be receiving his own benefit before you can get a spousal benefit.

The rules can be complex so you’ll want to educate yourself thoroughly and consider consulting a financial planner to figure out the best claiming strategy.

Q&A: Not everyone benefits from the Social Security Fairness Act

April 7, 2025 By Liz Weston 2 Comments

Dear Liz: My husband passed away in January 2024. He retired from the U.S. Postal Service after 37 years. He drew off of my Social Security since he did not pay in. How will the change in the windfall elimination provision affect me?

Answer: It may not.

Social Security has promised to increase benefits and make retroactive payments to people affected by the windfall elimination provision and the government pension offset. The retroactive payments reflect the increase in their payment amount dating back to January 2024, when the two provisions stopped applying. Social Security is mailing notices to people who will be affected, and most will see the benefit increases starting this month.

Technically, you weren’t affected by either provision, since they applied to people receiving pensions that didn’t pay into Social Security, not their spouses. Your husband’s Social Security spousal benefit likely was reduced because of the government pension offset.

Since your husband died the month that the two provisions stopped applying, the amount Social Security may owe him retroactively is likely small, if anything. If you don’t get a notice or see a payment, you can call Social Security to inquire, but the agency says most affected beneficiaries will get their adjustments automatically.

You can learn more about the Social Security Fairness Act here: https://www.ssa.gov/benefits/retirement/social-security-fairness-act.html.

Q&A: Spousal benefits require “one continuous year” of marriage

March 24, 2025 By Liz Weston 2 Comments

Dear Liz: I want to apply for a benefit based on my spouse’s Social Security but how long do we have to have been married? I was not eligible until the Social Security Fairness Act changed the rules. We have been married for four years in May. I am not receiving Social Security benefits since I worked for over 30 years for the government and do not have enough credits to qualify based on my earnings.

Answer: You typically need to be married for “one continuous year” before applying for a spousal benefit, according to the Social Security Administration.

Had you divorced, the rules would be different. Divorced spousal benefits require the marriage to have lasted at least 10 years, and two years must have passed since the divorce.

For those who don’t know, the Social Security Fairness Act repealed the windfall elimination provision and the government pension offset that reduced or eliminated Social Security benefits for people who received pensions from jobs that didn’t pay into Social Security.

The Social Security Administration says most affected people will see their adjusted payments starting in April. Those who never applied for Social Security because of the old rules can do so now.

Q&A: That Social Security check is in the mail. Or will be someday.

January 21, 2025 By Liz Weston

Dear Liz: I was previously denied a portion of my husband’s Social Security because I received a government pension, and the offset rule made me ineligible. Now that the law is being changed, I’m wondering if I would be eligible to receive survivor benefits from Social Security, as my husband is now deceased.

Answer: The Social Security Fairness Act, which did away with the windfall elimination provision and the government pension offset, was signed into law Jan. 5. These two provisions affected people who earned pensions from government jobs that didn’t pay into Social Security.

Social Security says that no action is needed if you have previously filed for benefits that were partially or completely offset, but that you should make sure the agency has your current address and direct deposit information. You can do that by creating or updating a mySocialSecurity account at www.ssa.gov/myaccount. People receiving government pensions who haven’t applied for Social Security can do so at www.ssa.gov/apply.

Social Security is still working on implementing this major change, but you can look for updates at www.ssa.gov/benefits/retirement/social-security-fairness-act.html.