Ask Larry

Which Is The Correct Answer?

Hi Larry, I will be receiving a % of my ex husbands pension when he retires. When I contacted social security the first agent said even though they were not my earnings I would fall under wep because I was considered "entitled" to a pension. The second time I called they said I would not because they were not my earnings. What is the correct answer?

Hi,

The second one. The Windfall Elimination Provision (WEP) is only triggered by pensions based on your own work that was exempt from Social Security taxes (https://www.ssa.gov/pubs/EN-05-10045.pdf).

Best, Jerry

Posted: 
Jan 30 2018 - 10:12am
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