Ask Larry

How Will The WEP Provision Affect My Husband's Benefits?

I am a currently employed with US Govt- year 36- - under CSRS retirement and currently qualify for full retirement(30 years 55 yoa) but am still employed and currently 56 years of age. I have heard that it may make sense for my husband is almost 62 now to collect his SS early at 62 because of the Windfall Elimination Provision? Is there any truth to that. I think I understand that I won't receive any spousal benefits until I reach my full retirement age which is 67 - but how will that affect the WEP and his SS? Thank you!

Hi,

The Windfall Elimination Provision (WEP) only affects the Social Security benefits of people who receive a pension based on their own work and earnings that were exempt from Social Security taxes. Therefore, your husband's benefits will only be subject to a WEP reduction if he'll be receiving a pension based on his own non-Social Security covered work.

Even if your husband's benefits will be subject to a WEP reduction (https://www.ssa.gov/pubs/EN-05-10045.pdf), though, that wouldn't necessarily mean that it would be advantageous for him to file for Social Security benefits at age 62. The 25-30% rate reduction that results from filing at age 62 would apply whether or not your husband's benefit rate is separately reduced due to WEP.

Your filing for spousal benefits wouldn't affect your husband's Social Security benefit rate, nor would his rate be affected by your CSRS pension. Regardless of at what age you apply for Social Security spousal benefits, if you are receiving your CSRS pension at that time then your spousal benefits will likely be offset by 2/3rds of the amount of your CSRS pension. That's due to the Government Pension Offset (GPO) provision, which also applies to Social Security widow's benefits (https://www.ssa.gov/pubs/EN-05-10007.pdf).

Our maximization software is programmed to handle both the WEP and GPO provisions, so you and your husband should strongly consider using it to help with your Social Security planning.

Best, Jerry

Posted: 
Mar 29 2018 - 7:04am
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