Calling All Public Service Workers:  Are Your Social Security Benefits Affected by the Repeal of the WEP and GPO?

Last week, President Biden signed into law the “Social Security Fairness Act,” which had long been advocated by a number of public service groups, including certain federal and state government retirees, teachers, police officers, firefighters, and others.  The Social Security Fairness Act repeals the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO), which have reduced Social Security benefits for some public service retirees over the past 40+ years.  These provisions impacted workers who had earnings over the course of their career both with employers who did not collect Social Security taxes and with those who did.  In this post, we explain how the WEP and GPO impacted Social Security benefits and what action retirees should take if they might benefit by the repeal of these provisions.

What is the WEP?  The WEP was established in the early 1980s as part of a series of reforms to the Social Security system.  If public service retirees received a pension from “non-covered” employment (i.e. jobs for which they did not pay Social Security taxes), but they also qualified for Social Security benefits based on “covered” employment (i.e. jobs for which they did pay Social Security taxes), their Social Security benefits could be reduced by the WEP.  Social Security benefits are calculated based on a percentage of average monthly earnings.  The WEP reduced the percentage used for those public service pensioners with less than 30 years of covered employment.  The maximum WEP reduction, which applied to those with less than 20 years of covered employment, was $613 per month as of the start of 2025.

What is the GPO?  The GPO, by contrast, applied to public service pensioners who qualified for Social Security benefits not based on their own earnings record, but based on that of their spouse.  (If you have been married for more than 10 years, you are typically entitled to half of a spouse’s Social Security benefit at full retirement age or a deceased spouse’s full benefit.)  For retirees who received a pension from non-covered employment, the GPO reduced a spousal or survivor Social Security benefit by an amount equal to 2/3 of their government pension.  While the WEP could only partially reduce a retiree’s Social Security benefit, the GPO could completely eliminate the spousal or survivor benefit to which a retiree would otherwise be entitled.

What Should I Do If I Was Affected by WEP or GPO?  The repeal of the WEP is estimated to affect 2 million Social Security recipients, and the repeal of the GPO is estimated to affect 750,000 recipients.  As a result, it is likely that the Social Security Administration (SSA) will need significant time to implement these changes and adjust the amount of Social Security benefits for those impacted.  The SSA currently recommends the following courses of action:

• If you have previously filed for Social Security benefits, and the benefits were partially or completely offset by WEP or GPO:  You do not need to take any action except to verify that your mailing address and direct deposit information are correct in the Social Security system by checking your “my Social Security” account online or visiting a local office.
•  If you have not previously filed for Social Security benefits:  File online or schedule an appointment at your local office.

Once corrected, those impacted by the WEP and GPO should receive payments retroactive to January 2024 to make up for any reductions caused by the repealed provisions. 

If you have questions on how these changes might affect you, please do not hesitate to call or email us!