Ask Larry

Will I Be Able To Collect Spousal Benefits If I Fall Under The Windfall Elimination Provision?

I fall under the windfall elimination provision, will I be able to collect spousal benefits? 50% of my husband's SS is much more than what I'll collect on mine.

Hi. That depends on what type of non-covered pension you receive. If you receive a pension based on your earnings from a governmental agency in the U.S. (e.g. local, county, state, federal) and if those earnings were exempt from Social Security taxes, then any Social Security spousal or survivor benefits for which you'd otherwise be eligible would almost certainly be offset by 2/3rds of the amount of your government pension. In that case, you could only be paid spousal or survivor benefits if those benefits amount to more than 2/3rds of the amount of your government pension (https://www.ssa.gov/pubs/EN-05-10007.pdf).

Best, Jerry

Posted: 
Aug 7 2022 - 9:54pm
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