Ask Larry

Does This Seem Fair?

Larry......I will be 70 in December 2017. I worked in the UK until June 1991. I was transferred in July 1991 by my company to the US....... I continued to pay Reduced NI contributions( to get a full pension) until 1995 when I then
became a U.S.employee on a U.S. package. I also became a US citizen.
National Insurance granted me a full pension and commenced paying me monthly when I was 66.
Social Security have insisted I apply for Soc Sec Pension at 70(I received enough credits to get a full US pension).
I have always paid single source Income Tax in the US , including the UK pension, and had the necessary letters sent from UK to US tax authorities and vice versa to prevent double taxation.
Social Security are now telling me that my US pension may be reduced because of my UK pension.....quoting a Totalization Agreement.
This does not seem fair, as I have been granted full pensions in both countries.....Please advise.

Hi,

Fair or not, it sounds like the Windfall Elimination Provision (WEP) provision will likely result in you receiving a lower U.S. benefit rate due to your receipt of your UK pension. The WEP provision was passed into law by Congress in 1985. For more information on this law including exceptions and the reasoning used by Congress, refer to the following Social Security publication: https://www.ssa.gov/pubs/EN-05-10045.pdf.

Best, Jerry

Posted: 
Sep 28 2017 - 8:10am
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