Dear Larry,
My husband, DOB 10/23/53 is eligible for FR this month. But he also is under the GPO because he worked for the government for 40 years. My DOB is 6/17/57 and I will wait until my FRA at 66.5 to file. Can he file now and get his small amount and then switch to spousal benefit when I file? I know he might be eligible for a restricted application due to his age, but I don't understand if it would apply to our situation.

Hi,

Your husband could file for his own benefits now and then potentially file for additional spousal benefits when you file for your benefits, but he couldn't actually switch from drawing on his record to drawing only spousal benefits. And, if he's drawing a government pension based on his work and earnings that were exempt from Social Security taxes, then any spousal benefits for which he would otherwise be eligible would likely be offset by 2/3rds of the amount of his government pension due to the Government Pension Offset (GPO) provision ( https://www.ssa.gov/pubs/EN-05-10007.pdf).

Your husband couldn't start drawing on your record until you start drawing your benefits, so unless you decide to file prior to FRA that would pretty much rule out the possibility of your husband filing a restricted application for spousal benefits while letting his own rate grow until age 70.

Also, it sounds like your husband's own benefit rate would likely be reduced due to the Windfall Elimination Provision (WEP) (https://www.ssa.gov/pubs/EN-05-10007.pdf). Our software is programmed to handle cases involving both WEP and GPO, so you and your husband should strongly consider using our software to determine your best overall strategy for claiming benefits.

Best, Jerry