Ask Larry

Should I Switch Over To Ex-Spousal Benefits Or Stay With My Own Benefits?

I’m am 70 and still teaching in California
I am collecting social security from my own earnings about $1,200 a month.
My ex husband recently died and I am told I can get his social security about $2,000. Month.
I’m planning on retiring in 1 or 2 years.
I’m confused about Windfall and Gop
I think I’ll get about $500 a month from my own social security earning when I start collecting my teacher pension after Windfall.. If I take the ex spousal death benefit it seems I will get no social security because they will apply GOP. I’ve read all I can find with a Google search and on the Social Security website. Still confused.
I’ve called Social Security several times and they just offer to send a pamphlet which is no help
Should I switch over to ex spousal benefits or stay with my own earned benefits? I do not want to end up with no benefits from Social Security when I retire and start collecting my teacher pension.
Thanks in advance your time.

Hi. It sounds like you should file a claim for your survivor benefits ASAP. First of all, neither the Windfall Elimination Provision (WEP) nor the Government Pension Offset (GPO) will reduce your benefits until you claim your teacher's pension. Secondly, by applying for survivor benefits you won't be 'switching' from your own benefits to survivor benefits. Instead, you would continue to be paid your own benefits plus an additional partial survivor benefit amount that's equal to the difference between your own amount and the full survivor rate. The two benefits would then add up to the higher survivor rate.

For example, let's say Jane is over full retirement age (FRA) and she's collecting her own monthly Social Security retirement benefit of $1200. Jane's ex-spouse dies, and his monthly Social Security retirement rate was $2000. Assuming that Jane meets the requirements for surviving divorced spousal benefits (e.g. married to the deceased for more than 10 years), she could then be paid her own $1200 plus a survivor amount of $800, giving her a combined benefit rate of $2000.

Jane subsequently starts receiving a non-Social Security covered government pension, subjecting her own benefit rate to a WEP reduction and her survivor benefit to a GPO offset. Jane's survivor benefit amount would be reduced by 2/3rds of the full amount of her non-covered pension. So, if Jane's non-covered monthly pension amount is $1200 or more, it would reduce her $800 survivor benefit to zero. However, Jane could still be paid her own WEP reduced benefit rate, since WEP never reduces a person's benefit rate to zero.

Therefore, claiming survivor benefits won't adversely affect your own benefit now or in the future. And, even if GPO fully offsets your survivor benefit once you claim your teacher's pension, any survivor benefits you collect before then will be a bonus.

Best, Jerry

Posted: 
Feb 23 2023 - 4:11pm
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