I retired under civil service. WIll I be eligible to collect spouseal Soc. Sec from my deceased husband if windfall act is repealed? In addition to my Civil Service Benefits?
Thank you for responding to my inquiry.

Hi. The Windfall Elimination Provision (WEP) doesn't prevent anyone from collecting Social Security spousal or survivor benefits, so repeal of WEP wouldn't make any difference with regard to your potential eligibility for widow's benefits. WEP can only affect Social Security retirement or disability benefits that are payable based on a person's own Social Security earnings history, not survivor benefits.

However, there is a separate Government Pension Offset (GPO) provision that can affect Social Security spousal or survivor benefits (https://www.ssa.gov/pubs/EN-05-10007.pdf). The GPO provides that if a person is collecting a governmental pension that is based on their earnings from a U.S. federal, state, local or county agency that were exempt from Social Security taxes, then any Social Security spousal or survivor benefits for which they would otherwise qualify can be offset by 2/3rds of the amount of their government pension. That can result in a Social Security spousal or survivor benefit rate of zero, depending on the relative amounts of their Social Security and government pensions.

If you haven't already done so, you may want to consider applying for Social Security survivor benefits. Even if your benefit rate ends up being zero, your application could potentially permit you to collect back pay in the unlikely event that the GPO provision is repealed.

Best, Jerry