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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.
It has been my understanding that she would still qualify for social security retirement benefits because she had worked in jobs subject to SS w/holding for the required number of quarters, but that her monthly benefit would be very small since those subject-to-w/holding years were many years ago (when her income was much lower). She has heard recently from people in her district that she would NOT qualify for ANY social security retirement benefit at all since she has NOT worked Recently in subject-to-w/holding jobs.
Which of is correct? Also, because I have had higher earnings over the years (All subject to SS w/holding) We had always thought that, if I died before her, she could claim higher SS benefit based upon my higher earnings and benefit. In light of the information in the paragraphs above is our belief accurate on this?
Thank you.

Hi,

Your original understanding is correct. The Windfall Elimination Provision (WEP) can reduce a person's Social Security retirement benefit rate, but WEP never reduces a person's benefit rate to zero (https://www.ssa.gov/pubs/EN-05-10045.pdf). Therefore, as long as your wife has at least 40 quarters (QC) of Social Security credits she'll be able to collect Social Security retirement benefits potentially as early as age 62. But, if your wife claims benefits before full retirement age (FRA), her benefit rate will be reduced for age and her benefits could be fully or partially withheld if she works and earns too much (https://www.ssa.gov/benefits/retirement/planner/whileworking.html).

Our software (https://maximizemysocialsecurity.com/purchase) is fully capable of handling WEP computations, so you and your wife may want to strongly consider using the software to do your Social Security planning.

Best, Jerry

Posted: 
Jul 29 2020 - 8:35am
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