Ask Larry

Non-Covered Pension - WEP / GPO

Will WEP Apply If I Claim Benefits Under My Husband's Social Security Record?

I am a US/UK dual citizen. I worked in the UK for about 19 years in a public service role, and I will have a pension from that and eventually a small state pension. I have worked in the USA for 19 years as a self employed person, paying both employee and employer social security payments. I will not reach the 20 years for graduated WEP deductions due to two years under the substantial earnings. My personal record shows benefits higher than if I claimed under my husbands record, who has 30 years payments. Mine though, will be subject to WEP, reducing it substantially.

Friday, February 4, 2022 - 13:01

Is It Correct That My Wife's Canadian Pension Won't Affect Her Spousal Benefits From The U.S.?

My wife worked in Canada from age 17 to 33 and is entitled to the Canadian version of Social security and the old age pension. She is currently 67 and claiming Social security on her own record. I will be 69 in a few months and I will claim social security and she will move onto spousal benefits based on my record which will be much higher. I saw your answer on the Windfall Elimination. My question to you: I think that the Government Pension Offset would not apply to foreign pensions in this case from Canada?

Monday, January 24, 2022 - 13:46

Will My Wife And I Be Subject To Any Clawbacks When We Claim Our Benefits?

Wife is Canadian and worked as a teacher in Canada for 10yrs. All numbers I have found says she qualifies for $80 a month in CPP and $500 a month from Ontario Teacher Pension. I am American and worked in Canada for 15 years and based on research should get $625 a month from CPP.

We have been back in the US for 15 years and I will qualify for max SS at full retirement of around $3100 a month. Wife did not work in the US. So she would only collect spousal at 50% once I retire.

Thursday, January 6, 2022 - 07:32

What Kind Of Documentation Will I Need To Submit To Prove That I Meet A GPO Exception?

I began receiving an OPERS disability pension in 1985, however I first became eligible for this pension in 1980 as I met the required 5 years of service credits that OPERS requires. I was also married from 1967-1984 and remarried in 1993 and my spouse passed this year. I am being denied survivor benefits due to GPO. In reading the various POMS about GPO, it seems I may qualify for exemption under either pension eligibility before December 1982 and 1977 requirements met or pension eligibility before July 1983 and one-half support met.

Wednesday, November 17, 2021 - 07:34

Is There Any Chance That The Current WEP Law Will Be Eliminated?

Any chance the current wep will be eliminated

Hi. The Windfall Elimination Provision (WEP) was added to the Social Security law by Congress in the 1980s, and various bills have been floated in Congress seeking to amend or repeal the law in virtually every Congressional session since that time. None of those bills has even come close to being passed by Congress, so I would be very surprised if the WEP provision is ever changed in any substantial manner.

Best, Jerry

Saturday, November 13, 2021 - 20:45

Will Any Of My Options With Regard To My Non-Covered Pension Make A Difference For WEP Purposes?

I have been contributing to both Social Security and a non-covered pension. The non-covered pension is in a cash balance plan that allows me to take the benefit in several different ways. As a direct payment, as a rollover into an IRA, as a lifetime annuity or a 3 to 10 year annuity. Will any of these be better in terms of reducing the amount of my WEP deduction from Social Security?

I believe if I take the non-covered pension benefit as a term annuity and it ends before I start collecting Social Security then I won't have a WEP deduction. Is this true?


Wednesday, November 3, 2021 - 17:27

If My Ex-Husband Is Subject To WEP Will My Divorced Spouse's Benefit Be Reduced As Well?

I was married for 30 years and am now divorced. After the divorce, my ex-husband took a job earning a state pension. For WEP purposes, he only had 20 years of "substantial earnings" before taking the new job. If he is subject to the WEP, will my divorced spouse's benefit be reduced as well? Or will I receive half the amount that he would have received without the WEP reduction?

Tuesday, November 2, 2021 - 09:28

Do You Have Any Experience With People Like Me Who Have A German Pension?

I moved to Germany when I was 40, having already worked a long time in the U.S. I then lived and worked in Germany for 25 years. When I applied there for a German state pension, I was told that there were three possibilities, and if I chose the so-called "long-term insured pension" that the WEP provision would not apply to me later in the U.S. when I applied for SSA benefits That because of a "Totalization Agreement" between Germany and the U.S., my application for my German would be coordinated with the Social Security Administration in the U.S.

Tuesday, November 2, 2021 - 08:54
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