My husband and I will both be affected by the WEP reduction. I have less than 20 years of substantial contributions, and he has closer to 30. Will my spousal benefit be less than 50 % of his reduced benefit because I have less years of substantial contribution?

I've looked and looked for an answer to the question and have been unable to find it. Thank you for your help.

Hi,

The Windfall Elimination Provision (WEP) only affects benefits payable on a person's own record, not spousal benefits (https://www.ssa.gov/pubs/EN-05-10045.pdf). However, the spousal rate is derived from 50% the worker's primary insurance amount (PIA), so it that's reduced due to WEP then it would also lower the spousal rate payable on that worker's record. The PIA is essentially equivalent a worker's full retirement age benefit rate.

If your own PIA will be lower than 50% of your husband's PIA after any applicable WEP adjustments, then you may also qualify for spousal benefits. However, if the non-covered pension causing your WEP is from a government agency (federal, state, county or local), then your spousal benefits may be subject to offset due to the Government Pension Offset (GPO) provision (https://www.ssa.gov/pubs/EN-05-10007.pdf).

Our maximization software handles both the WEP and GPO provisions, so you and your husband may want to strongly consider using it to determine your best overall strategy for claiming Social Security benefits.

Best, Jerry