Ask Larry

Am I Correct In Thinking That GPO Won't Apply To Us?

My wife and I are both at FRA and have not claimed SS benefits yet. WEP is applicable to my wife's earnings record. It is not applicable to mine. If my wife applies for spousal benefits on my record will her benefits be WEP reduced? She's worked and paid into SS for the last 22 years. For the 15 years before that she was a teacher and will receive a state teacher's pension based on that work. Also, I am correct in thinking GPO would not apply here? Thanks !

Hi,

To clarify, the WEP provision (https://www.ssa.gov/pubs/EN-05-10045.pdf) can only affect benefits payable on a person's own record, not spousal or widow's benefits. On the other hand, the GPO provision (https://www.ssa.gov/pubs/EN-05-10007.pdf) applies only to auxiliary and survivor benefits (e.g. spousal, widows) and not to benefits payable on a person's own record.

There is an exception to GPO for people whose government pension is based in part on earnings that were covered by Social Security if at least the last 5 years of their government earnings were subject to SS taxes. However, that exception wouldn't apply in your wife's case if her teacher's pension is based only on the 15 years that her earnings were exempt from Social Security taxes. If she subsequently worked in Social Security covered employment that was unrelated to her teacher's pension, then it sounds like GPO would apply if and when she files for spousal benefits.

Best, Jerry

Category: 
Posted: 
Apr 27 2018 - 7:11am
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