Teacher age 63 still working. Planning on retiring in 2 years. Husband 64 retired will begin collecting his Soc Sec at FRA in 2 years at $2,000 a month. My pension is subject to WEP. My question is at age 66 would I be eligible to apply for a spousal benefit based on half of his FRA amount or does the WEP remove me entirely from this benefit? As well, if he was to pass away would I be eligible for a survivor's benefit at my age 66 based on his contributory record or once again does the Windfall Elimination Provision eliminate this? Thanks!

Hi,

The WEP (Windfall Elimination Provision) would not affect either your spousal or survivor benefits, but the Government Pension Offset (GPO) provision likely would. WEP only affects benefits payable on a person's own record, whereas GPO only affects benefits payable on another person's record.

If you'll be receiving a teacher's pension that would cause WEP to reduce your own retirement benefit rate, then any spousal or survivor benefits for which you would be eligible would likely be subject to offset at a rate of 2/3rds of the amount of your teacher's pension. For more information on GPO and it's exceptions, refer to this Social Security publication: https://www.ssa.gov/pubs/EN-05-10007.pdf.

Our maximization software can handle calculations involving both WEP and GPO, so you and your husband may want to use it in order to determine your best strategy with regard to claiming your Social Security benefits.

Best. Jerry