The Social Security Windfall Elimination Provision and Retirement with a Federal /State Pension
By Brandon Clark, CPA
Are you retired with a Federal CSRS or state pension?
If so, read on - you may be affected by the Social Security Windfall Elimination Provision (WEP). Recent legislation signed into law in January could entitle you to an increased Social Security benefit.
The WEP affects the following people who receive pensions:
teachers, firefighters, and police officers in many states;
federal employees covered by the Civil Service Retirement System )CSRS); and
people whose work had been covered by a foreign social security system.
In January the Social Security Fairness Act passed thereby ending the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO). These provisions reduced or eliminated the Social Security benefits of those who receive a pension based on work that was not covered by Social Security.
As a result of the law that eliminates WEP, you may be entitled to a Social Security benefit that was previously reduced or disallowed. Typically previously disallowed benefits would be based on your social security record (for work you did that was subject to social security tax) or a spouse’s.
Next steps – The Social Security Administration will determine eligibility and began issuing benefits February 25, 2025.
Contact social security online or by phone to ensure your payment information is on file SSA is computing and processing benefits for affected based on your and your spouse’s social security records.
If you know that SSA has your mailing address and/or direct deposit information on file, no other action is needed currently. Anyone whose monthly benefit is adjusted, or who will get a retroactive payment, will receive a mailed notice from Social Security explaining the benefit change or retroactive payment.
If you want to verify that the mailing address and/or direct deposit information that SSA has on file is accurate and up to date:
Check your personal my Social Security account. Visit www.ssa.gov/my account to sign in or create an account.
If you are not sure whether you ever applied for retirement, spouse’s, or surviving spouse’s benefits, you may need to file an application. The date of your application might affect when your benefits begin.
To follow updates on SSA’s progress with increasing benefits go to SSA’s WEP GPO update page here: https://www.ssa.gov/benefits/retirement/social-security-fairness-act.html?tl=2
Frequently Asked Questions About the Social Security Windfall Elimination Provision (WEP)
What is the Windfall Elimination Provision (WEP)?
The Windfall Elimination Provision (WEP) was a Social Security rule that reduced benefits for people who also received pensions from employment not covered by Social Security taxes, such as certain government or public sector jobs.
What is the Social Security Fairness Act?
The Social Security Fairness Act is legislation signed into law in 2025 that eliminated both the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO), potentially increasing Social Security benefits for millions of retirees.
Who was affected by the Windfall Elimination Provision?
WEP commonly affected retired teachers, firefighters, police officers, federal employees under the Civil Service Retirement System (CSRS), and some workers who earned pensions through foreign social security systems.
What is the Government Pension Offset (GPO)?
The Government Pension Offset (GPO) reduced or eliminated spousal and survivor Social Security benefits for some retirees who also received pensions from non-Social Security-covered government employment.
Will my Social Security benefits increase after the repeal of WEP?
Possibly. Individuals previously affected by WEP or GPO may now qualify for larger Social Security retirement, spousal, or survivor benefits under the new law.
Who qualifies for increased Social Security benefits under the new law?
Eligibility may apply to retirees receiving pensions from non-Social Security-covered employment who also paid Social Security taxes during other employment or qualify for spousal or survivor benefits.
Are federal CSRS retirees affected by WEP repeal?
Yes. Many federal retirees covered under the Civil Service Retirement System (CSRS) were impacted by WEP and may now qualify for increased Social Security benefits.
Can retired teachers and public employees receive higher Social Security benefits now?
Many retired teachers, police officers, firefighters, and other public employees may qualify for increased benefits following the repeal of WEP and GPO.
Will Social Security issue retroactive payments for WEP?
Some eligible retirees may receive retroactive benefit payments if prior Social Security benefits were reduced or denied because of WEP or GPO.
When will increased Social Security benefits begin?
According to the Social Security Administration, benefit adjustments and processing related to the Social Security Fairness Act began in 2025.
Do I need to apply for updated Social Security benefits?
Some individuals may need to file an application for retirement, spousal, or survivor benefits if they never previously applied because of WEP or GPO restrictions.
How do I check if Social Security has my correct information?
You can review or update your mailing address and direct deposit information through your my Social Security account.
How can I learn if I qualify for additional Social Security benefits?
The Social Security Administration can help determine eligibility for increased retirement, spousal, or survivor benefits under the Social Security Fairness Act.
What should I do if I receive a government pension and Social Security benefits?
Review your Social Security records, confirm your direct deposit and mailing information are accurate, and monitor updates from the Social Security Administration regarding WEP and GPO changes.
Where can I find updates about the repeal of WEP and GPO?
The Social Security Administration provides ongoing updates through its official Social Security Fairness Act information page
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