Does The WEP Provision Apply If I Receive A Canadian Pension?

Jan 5 2017 - 6:45am

Hi Larry,
I have two questions for you. I will reach FRA at age 66 this February and after reading your book decided to apply online. I was surprised by a question regarding windfall. I was born in Canada and worked there for ten years qualifying for a small Canadian pension. I moved to Florida in 1983, started my own small business, and became an American citizen. Does the "windfall" elimination provision apply in my situation? I am unsure how to respond to this question. It seems like I should not be penalized as I paid into both systems but I understand the system is not always fair.
Secondly my wife was born in July of 1953. With the change in law will she be eligible to file a restricted application when she reaches FRA and turns 66 in 2019 and draw Spousal benefits until she turns 70?

Hi,

Yes, if you receive a Canadian pension based on your work there, your US Social Security retirement benefits may be reduced due to the Windfall Elimination Provision (WEP). For more information on WEP and it's exceptions, refer to the following pamphlet: https://www.ssa.gov/pubs/EN-05-10045.pdf.

And yes, since your wife was born prior to January 2 1954, she can still file just for spousal benefits on your record when she reaches age 66, while allowing her own benefit rate to grow until age 70.

Best, Jerry