Hi,
I would be subject to a WEP reduction if claiming benefits on my own record. My wife is claiming benefits and is NOT subject to WEP. If I elect the 50% spousal benefit, will the benefit be subject to a WEP reduction? Thank you.

Hi,

First off, you couldn't claim just spousal benefits without also claiming your own retirement benefits unless a) you were born prior to January 2 1954, and b) you file for benefits at full retirement age (FRA) or later.

If both of the above conditions are true, though, and you do file just for spousal benefits you would not be subject to a WEP (Windfall Elimination Provision) reduction. The WEP provision only applies to retirement and disability benefits payable based on a person's own work history. However, if the non-covered pension that would cause a WEP reduction of your benefits is from a government agency (federal, state, local, etc.), then your spousal benefits could be subject to full or partial offset due to the Government Pension Offset (GPO) provision (https://www.ssa.gov/pubs/EN-05-10007.pdf).

Before filing, you and your wife may want to strongly consider using our maximization software in order to explore and compare all of your filing options in order to determine your best strategy.

Best, Jerry