The Social Security Fairness Act

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Written by Chris Draughon

I want to see you achieve your financial goals so I spend my time making the complicated things simple. As the Director of Financial Planning I help our clients identify their most important financial goals and develop paths to get them there on time with room to spare.

January 7, 2025

A New Era for Public Sector Workers and Retirees

Social Security has long been a crucial program in the United States, providing financial assistance to millions of retirees, disabled individuals, and survivors. However, for many public sector workers and retirees, provisions such as the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO) have presented significant challenges. On January 6th, President Biden signed the Social Security Fairness Act to eliminate these provisions, heralding a new era for those affected. This article explores the details of these changes and their implications.

Understanding WEP and GPO

Windfall Elimination Provision (WEP)

The Windfall Elimination Provision was introduced in the early 1980s to ensure fair treatment for beneficiaries by providing benefits solely for the years in which workers contributed to the Social Security system through their payroll taxes. Essentially, the WEP reduced the retirement benefits of workers who also received pensions from jobs not covered by Social Security, such as many public sector positions like teachers, police officers, and firefighters.

WEP specifically affected workers who have employment histories in both private and public sectors. For instance, a teacher who spent several years at a private company, contributing to Social Security, and later moved to a public school system, where their job was not covered by Social Security, would be impacted by WEP. This provision was designed to adjust the calculation of Social Security benefits for these individuals, taking into account the length of time spent working in non-covered public-sector jobs. The aim was to prevent these workers from receiving a “windfall” by adding a full Social Security benefit on top of their public pension.

WEP’s formula could lead to a reduction of up to half of an individual’s Social Security benefit, resulting in many public sector workers who had also worked in the private sector experiencing significantly diminished expected Social Security retirement benefits. This provision was especially contentious as it was perceived to penalize those with diverse work experiences across both public and private sectors.

Government Pension Offset (GPO)

The Government Pension Offset, on the other hand, was designed to reduce the spousal and survivor benefits of workers who received a pension from a federal, state, or local government job not covered by Social Security. The GPO reduced these benefits by two-thirds of their government pension.

It’s important to note how Social Security spousal and survivor benefits work.

Spousal benefits supplement a worker’s retirement benefit if their retirement benefit is less than ½ of their higher wage earning spouse’s retirement benefits. For instance, assume both spouses worked and paid into Social Security. One spouse has a retirement benefit of $2,000, while the other has a retirement benefit of $800. The spouse with the lower retirement benefit is entitled to a spousal benefit of $200, bringing their total Social Security benefit to $1,000.

Survivor benefits are meant to maintain the higher wage-earner spouse’s retirement benefit when they pass away. Using the above example, when the spouse with the higher benefit dies, the lower benefit spouse will see their benefit step up to the higher amount. Their $1,000 benefit will increase to $2,000. However, note they will go from having two incomes in the household down to one.

With the elimination of the GPO, workers with a public pension will now receive full spousal and survivor benefits in addition to their pension, provided their spouse worked and contributed to the Social Security system.

Impacts of the Elimination

For Public Sector Workers and Retirees

The elimination of WEP and GPO is poised to impact public sector workers and retirees profoundly. Many will see a significant increase in their retirement benefits.

An example involves a retiring couple where one spouse has a public pension and the other works in the private sector. Both spouses earned similar wages during their careers. The pension amounts to $8,000 a month, and the Social Security retirement benefit is $2,800.

Before this Act, the pensioner would not have qualified for a spousal or survivor benefit because the GPO reduction would have completely eliminated those benefits. Moving forward, the pensioner will be eligible for a spousal benefit of $1,400 per month, which means the household income will total $12,200 from three sources. If the spouse receiving Social Security retirement benefits passes away before the pensioner, their spousal benefit will convert to a survivor benefit of $2,800.

For the Social Security System

While eliminating these provisions benefits workers from the public sector and their families, it also poses challenges for the Social Security system itself. The increased benefits will place additional strain on the program’s finances, necessitating careful consideration of funding mechanisms to ensure its long-term sustainability. Policymakers will need to explore options to address these financial implications.

Implementation and What to Expect

Effective Date

The elimination of WEP and GPO is set to be retroactive to December 2023, providing immediate benefit to those affected. Individuals who previously experienced benefit reductions due to these provisions can expect to see changes in their benefit calculations and payments.

Guidance for Affected Individuals

For those impacted by the elimination of WEP and GPO, it is essential to stay informed and seek guidance from Social Security Administration (SSA) resources. The SSA will provide detailed information on how these changes will be implemented and what steps individuals need to take to ensure they receive the correct benefits.

Additionally, as your financial advisor, we can assist you in incorporating these changes into your retirement plans. Please let us know if you would like to discuss how these changes affect your situation.