I am a 73 year old man who retired from the Ca Dept. of Corrections in 2010. I was subject to the windfall provisions and receive $414 a month from SS. My wife who I married in 2010 is from Russia and a U.S. citizen. She is 64 and receives $225 a month from SS. As I understand it when I die her SS entitlement will be recalculated as survivor's benefits are not subject to the windfall provision. Do I have that correct?

Hi,

Yes. If you die prior to your wife, her survivor rate would be calculated based on how much your Social Security retirement rate would have been if you had not been subject to a reduction based on the Windfall Elimination Provision (WEP).

For example, say Bob files for his Social Security retirement benefits at full retirement age (FRA). Bob's monthly benefit rate if calculated without considering WEP would be $800, but due to WEP Bob's monthly rate is reduced to $420. If Bob dies and if his wife at least FRA, she could then be paid a monthly rate of $800 as Bob's widow. However, Bob's widow could not be paid both his full rate and her own Social Security benefit rate, just the higher of the two.

Best, Jerry