Ask Larry

Non-Covered Pension - WEP / GPO

Will WEP Be Repealed?

I have SSI quarters and a teacher retirement plan.
Will WEP act be repealed.
Gratefully, Kathy

Hi Kathy,

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 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

Posted: 
Saturday, August 1, 2020 - 14:02

Which Is Correct?

My wife has worked for many years as a teacher/school librarian in public schools in Texas. She is covered under the Texas teachers retirement system and has Not been subject to Social Security withholding during her years there. Before she began working in Texas public schools she had worked for many years 1975 - 1992 in various other jobs, all of which were subject to Social Security w/holding. Also, in the 1999-2000 school year she worked in a public school in Colorado where she Was subject to SS w/holding.

Posted: 
Wednesday, July 29, 2020 - 08:35

Is It True That I Will Be Subject To The Windfall Elimination Provision If I Receive A Pension From Bulgaria?

I became a legal US resident in 2000, respectively US citizen in 2005. I am eligible now for SS benefits, but I was told I will be a subject of Windfall Elimination Provision for the pension I got in my native country - Bulgaria . Will this pension, when I worked for Bulgarian companies, affect my US SS benefits. After I came in USA I use to work for companies in USA only and got the 40 credits I needed.
Thank you,
George

Hi George,

Posted: 
Thursday, July 23, 2020 - 10:55

Which Foreign Exchange Rate Will Be Used To Calculate My Spousal Rate?

My husband and I moved to the U.S. over 20 years ago from Canada. My husband is now receiving Social Security retirement benefits and benefits from Canada Pension Plan. He delayed SS until age 67, but has some of his benefits reduced due to windfall elimination. I know my spousal benefits will be half of what he would have been entitled to at age 65, after the reduction from windfall elimination. At the time my husband applied for SS, his WEP reduction was determined on what the Canadian dollar was worth at that time, compared to the U.S.

Posted: 
Thursday, July 23, 2020 - 08:06

Is It Still True That WEP Doesn't Apply To Divorced Spousal Social Security Benefits?

I have read on your website that WEP does not apply to Divorced Spouse Social Security Benefits which I am eligible for. Is that still the case now at present day?

If I get Social Security benefits from working in a European country will WEP apply to my US Social Security Divorced Spouse Benefits? Can I file for US Social Security Divorced Spouse Benefits this year (2020) and continue working at my job in Europe for another year (I will retire next year 2021) or will I be penalized? Thanks so much Larry!

Hi,

Posted: 
Thursday, July 16, 2020 - 09:47

Am I Allowed To File On My Spouse's Social Security?

I have teacher pensions from AK and CO that did not pay into social security. I have calculated the WEP impact on my social security payments. I paid into social security for 19 years when teaching in two other states. Am I allowed to file on my spouse's social security since he has paid into it his entire career and his social security benefit is higher?

Hi,

Posted: 
Wednesday, July 15, 2020 - 17:08

Will My Wife's Spousal Benefits Be Affected By Her Canadian Pension?

My wife receives a small Canada pension plan payment. She has no W-2 earnings after living in the USA for over 25 years.

I just applied for Social Security and she applied for her spousal benefit at her full retirement age. Will her spousal benefit be affected by her Canada pension plan payment. (Does the windfall elimination provisions apply).
I am not collecting any CPP payments. Thank you

Hi,

Posted: 
Saturday, July 11, 2020 - 12:09

What Are Your Thoughts On Legislation To Discontinue WEP?

Hello Larry and Jerry

Thanks for your previous good advice on the effects a UK state pension has on WEP. I see there is legislation being proposed to discontinue WEP. What's your thoughts on the chances of it passing? And would it be advantageous to a UK state pension beneficiary?

I read conflicting reports on the maximum rates of WEP. is it a maximum of 50% of the UK state pension?

Is my entitlement to SS affected by the fact I have now given up my green card and "expatriated" to UK and Australia.

Thanks

Clive

Hi Clive,

Posted: 
Monday, July 6, 2020 - 09:35

Does The SSA Document You Cited Still Apply?

You answered my question on July 4th and gave me a link to the supporting SSA document. However, the section (D. 1) that says you convert the foreign pension to US dollars was under "Procedure - Non-Totalization Pensions". The CPP is part of the Totalization Agreement. Does it still apply? I still cannot find anywhere where SSA designates that. To review, my initial question to you was titled Is the WEP Gurantee based on US Dollars

Hi,

Posted: 
Sunday, July 5, 2020 - 10:02
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