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Can I Get Social Security On My Wife's Record?

I'm 64, my wife 58; she has enough Social Security credits, I don't. She is retired, we both collect pensions from working Ca. State retirement systems. Two questions: I'm 7 years older, will I possibly be able to collect a SS Pension from her qualification if so when?. Will (we) qualify for SS Pension already getting a state pension? *Thank you.-Alex

Hi,

Your wife must be entitled to benefits on her account in order for you to be eligible for spousal benefits. So, she must be at least age 62 or disabled before you could qualify.

Furthermore, it's unlikely that you will ever be eligible to actually receive any monthly benefits on her record. Under Social Security's Government Pension Offset (GPO) provision (see: https://www.ssa.gov/pubs/EN-05-10007.pdf), your potential benefits on your wife's record will be reduced by 2/3rds of the amount of your state pension. If 2/3rds of the state pension is higher than the potential SS benefit from your wife's record, you'll receive no actual cash benefits.

You may, however, qualify for free Part A of Medicare on your wife's record if she is insured for SS benefits. She must be at least age 62 or disabled for that as well, though. You can still file for Part B of Medicare at age 65, then for free Part A of Medicare when she does reach age 62.

Your wife can still qualify for monthly Social Security (SS) benefits on her own account as long as she has worked enough to be insured. Reduced retirement benefits can start as early as age 62. Her benefits will likely be reduced because of her state pension due to Social Security Windfall Elimination Provision (https://www.ssa.gov/pubs/EN-05-10045.pdf), but that provision does not reduce SS benefits to zero.

Best, Jerry

Posted: 
Jul 5 2016 - 12:45pm
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