Hi Larry, I appreciate being able to ask this question. My husband and I are both Americans and we are also both French. He is 66, with 11 years in the USA SS system, and started his social security on January 1st 2022 at $980 per month, subject to the WEP once his French retirement pension goes into affect. Same for me, but I am younger, unemployed currently, 60, with 12 years of earning in the USA SS, with $400 monthly anticipated at age 65, but also subject to WEP, $211 per month (estimated). Based on reading your expert view, It looks to me that I should wait until I am 65 and claim spousal benefits on my husband's record because that amount of 980, cut by 50% is better than my SS monthly, once it has been subject to the WEP. Is this correct? Eternally grateful, Kristen

Hi Kristen. Not necessarily. Since you were born after January 1 1954, whenever you apply for either your own U.S. Social Security retirement benefits or for spousal benefits you'll be deemed to be applying for both benefits. You'll then get basically the higher of the two benefit rates, but if your own primary insurance amount (PIA) is lower than 50% of your husband's PIA then you'll receive both your own benefit rate plus a partial, or excess, spousal benefit. And, both benefits will be subject to a reduction for age if you claim benefits prior to your full retirement age (FRA) of 67.

For example, say Amy files for her benefits at age 65. Amy's primary insurance amount (PIA), or full retirement age rate, would be $300, but Amy's rate is reduced for age to $260. Amy's husband is drawing his benefits and his PIA is $800. Since Amy's husband's PIA is more than twice as much as Amy's PIA, Amy is eligible for an excess spousal benefit. Amy's unreduced excess spousal rate is calculated by subtracting her PIA from 50% of her husband's PIA, which in Amy's case amounts to $100 (i.e. $800/2 - $300). However, since Amy is only 65 when she becomes eligible for spousal benefits her spousal rate is reduced to $83. That amount is then paid in addition to Amy's own reduced rate of $260 to give her a combined rate of $343.

If you and or your husband are subject to the Windfall Elimination Provision (WEP), that will reduce your respective PIAs. So, it sounds like that will probably affect both your own benefit rate and your potential spousal rate. Plus, any reduction for age applied to your own benefit rate and your spousal rate would continue for as long as both you and your husband are living.

It sounds like you should strongly consider using our software (https://maximizemysocialsecurity.com/purchase) to do your Social Security planning. The software is fully programmed to handle WEP calculations, so it would allow you to fully analyze all of your options so that you can determine your best overall strategy to maximizing your benefits.

Best, Jerry