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The Social Security Fairness Act Thumbnail

The Social Security Fairness Act

If you or a loved one has ever contributed to a public pension, this article is for you.  

The Social Security Fairness Act, recently passed by Congress, represents a significant change in how public pensions interact with Social Security benefits. In particular, the legislation addresses two major issues that have affected public employees for decades: the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). 

The Windfall Elimination Provision (WEP) 

The WEP was put in place to reduce the Social Security benefits for workers who also received a pension from employment not covered by Social Security (like in certain government jobs). This reduction was put in place to prevent what some saw as an unfair advantage in calculating Social Security benefits. However, critics argued that the WEP unfairly penalized workers, often resulting in disproportionately reduced benefits. The Social Security Fairness Act reformed this provision by recalculating the formula to hopefully more equitable distribution of benefits, reflective of the actual earnings and contributions of the affected workers. 

Government Pension Offset (GPO) 

Similarly, the GPO affected spouses and survivors of public employees. Under the old system, if a person received a government pension and was eligible for Social Security benefits through their spouse, the benefits could be significantly reduced. The new legislation changes this offset, allowing individuals to receive a larger portion of the spousal or survivor benefits from Social Security. This change is particularly impactful for widows and widowers, who are now likely to receive a greater share of their spouse’s Social Security benefits. 

The Bottom Line 

By adjusting the WEP and GPO, the Social Security Fairness Act acknowledges the unique challenges faced by public servants like teachers, firefighters, and police officers. It aims to provide a more balanced approach to retirement benefits, recognizing the dual contributions to public and Social Security pension systems. 

While there is not a set timeline for these changes to be implemented, we would expect increased Social Security benefits for those affected to begin sometime within the next year. We will be sure to keep you posted.

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