Ask Larry

Will I Be Subject To The Windfall Elimination Provision (WEP)?

Dear Larry!

As a citizen of an East European country, I spent 3 years in a Swedish university as guest researcher and paid to their social security system. This makes me eligible for ~ 150 USD monthly benefit, they call it basic pension, when I turn 61.

Years later I came to the US, became US citizen, and keep contributing to the social security in the US. Quite independently from my work in Sweden.

My plan is to claim US social security at age 62.

Sweden and US have totalization agreement, but I have never been a Swedish permanent resident or citizen. But I will get the Swedish pension from their pension system.

Will the Windfall Elimination Provision be triggered in my case?

I would appreciate your help.

Hi,

I'm confused by your description of the Swedish pension you receive. According to the Social Security manual (https://secure.ssa.gov/apps10/poms.nsf/lnx/0201717020), the Basic Pension is based on age and residence, not work and earnings. That type of pension would not cause a WEP reduction.

On the other hand, your description indicates that your Swedish pension is based on your work and earnings, and WEP does apply if the foreign pension is based on work and earnings. So if this is the type of pension you will be receiving from Sweden, WEP will apply to you unless you meet one of the exceptions. The most common exception is for people with 30 years of 'substantial earnings' (https://www.ssa.gov/pubs/EN-05-10045.pdf) under the US Social Security system.

Even if WEP does apply in your case, it sounds like the reduction should be fairly small. There is a WEP guarantee provision that limits the amount of the reduction to roughly one-half of the amount of the non-covered pension (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300605370).

Best, Jerry

Posted: 
Oct 9 2016 - 10:30am
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