Ask Larry

Will I Still Be Affected By The Windfall Provision Even If I'm Not Receiving A TRS Pension?

My financial advisor is looking into having me terminate all history with TRS. I worked prior to accepting a job in a district that pays into TRS AND NOT Social Security for 14 years . Currently I’m working at a college and I pay and I both Social Security and TRS. If I cash out my TRS and take that 20% here and be done with them all together when it becomes time for me to retire well I still be here by the Wynfall illumination even though I’m not receiving a pension through TRS?

Hi. The answer to your question depends on the details involved, but you may still be subject to a benefit reduction due to the Windfall Elimination Provision (WEP) even if you cash out your TRS. Social Security treats lump sum distributions of pension fund contributions as payments in lieu of a pension, and prorates the lump-sum amount into a monthly rate for purposes of WEP calculations. However, if you withdraw only your own contributions and interest from your TRS account and if you do so prior to becoming eligible for a pension, that wouldn't be countable for WEP purposes if the you also forfeit your rights to a pension (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300605364#a3).

Best, Jerry

Posted: 
Apr 27 2021 - 9:09am
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