Ask Larry

Will I Be Able To Collect Benefits From My Deceased Husband's SS?

I am 61 wanting to file in April after i turn 62. My husband worked for 30 years as a Fireman and also paid into SS on his off day jobs. He passed away in 2015. I retired From my job in 215 worked for the same company for 28 years and did not pay into SS because of my retirement Texas County Retirement District System.
Will I be able to collect Spousal Benefits?

Hi. I'm sorry for your loss. If you're collecting a pension from the state of Texas or one of it's counties that's based on your earnings that were exempt from Social Security taxes, then any Social Security widow's benefits for which you would otherwise qualify would almost certainly be offset by 2/3rds of the amount of your non-covered pension due to the Government Pension Offset (GPO) provision (https://www.ssa.gov/pubs/EN-05-10007.pdf). In that event, you could only be paid Social Security survivor benefits if your survivor benefit rate is more than 2/3rds of the amount of your government pension from Texas.

Keep in mind, though, that I don't have access to all of the details involved in your situation, so you may want to call Social Security to discuss your options.

Best, Jerry

Posted: 
Nov 15 2021 - 3:30pm
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