The Social Security Administration (SSA) Releases Update on the Social Security Fairness Act, repealing Social Security WEP/GPO Penalties
On January 5, 2025, the Social Security Fairness Act was signed into law repealing the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO). These provisions reduced or eliminated the Social Security benefits of people who receive a pension based on work that was not covered by Social Security because they did not pay Social Security taxes. This Act may increase Social Security benefits for certain Safety retirees, such as Firefighters and Sheriff retirees.
The effective date for the WEP/GPO repeal for those receiving Social Security benefits is January 2024. It has not yet been announced when Social Security will recalculate and apply the new benefit amounts, however, it was announced that in addition to new monthly benefit amounts, affected retirees will receive lump-sum payments retroactive to January 2024. Social Security will automatically apply the changes and make the lump-sum payments via the same payment method used previously.
When will a retiree see the benefit increase due to the Social Security Fairness Act?
SSA has not yet announced the implementation plan for the Act, and there currently is no estimated timeline for when past or future SSA benefits will be adjusted.
How much of an increase can be expected?
The amount monthly benefits may change can vary, depending on factors such as the type and amount of Social Security benefit received. Some benefits will increase slightly, while others may be eligible for over $1,000 more each month. It has not yet been announced how the increase calculation will be provided to each person.
What is the effective date of the Act?
According to SSA, December 2023 is the last month that WEP and GPO will apply, and that this means that those rules no longer apply to benefits payable for January 2024 and later. As a reminder: Social Security benefits payable for January 2024 would generally have been received in February 2024.
If you never applied for retirement due to WEP or spouse’s or surviving spouse’s benefits because of GPO:
You may need to file an application with the SSA. The date of your application might affect when your benefits begin and your benefit amount. However, each case is different, and all other Social Security laws and policies, such as benefit reductions for claiming benefits before the full retirement age, the retirement earnings test, and others, still apply. Click here for more information.
Does receipt of a recalculated SSA benefit or retroactive payment in any way impact my SBCERS benefit?
No, this Act in no way impacts or changes the amount of your SBCERS retirement benefit.
SBCERS is monitoring SSA for additional updates and announcements, and will post future articles in our newsletter as they become available. In the meantime, you can learn more about the Act at: https://www.ssa.gov/benefits/retirement/social-security-fairness-act.html
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