Ask Larry

Do My Husband And I Both Need To Be Grandfathered In Order To Execute Our Plan?

I will be 63 & 3 months in April 2018 and my husband will be FRA of 66 then. Our plan is for me to apply for SS benefit and my husband to apply for spousal benefit until he turns 70, at which point he will file for his own benefit. We've been reading about the grandfather rules and are confused if this strategy of ours will be acceptable to the SS office. Specifically, we know he is grandfathered in, but do I also have to have been 62 before April 2016 to execute this plan? Thanks very much!

Hi,

No, you don't need to have been born before January 2 1954 in order to execute your plan. As long as you are drawing your retirement benefits and your husband was born before January 2 1954, he can file for spousal benefits only when he reaches full retirement age (FRA) and allow his own retirement rate to grow until age 70 (https://www.ssa.gov/planners/retire/deemedfaq.html).

The Social Security earnings test will apply until you reach FRA, however, so both your retirement benefits and your husband's spousal benefits could be subject to withholding if you work and earn too much (https://www.ssa.gov/planners/retire/whileworking2.html).

Best, Jerry

Posted: 
May 8 2017 - 8:06am
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