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Understanding the Social Security Fairness Act

The Social Security Fairness Act is a piece of legislation that addresses how Social Security benefits are calculated for certain people who also receive pensions from work that was not covered by Social Security. This guide provides information about what this law does and how it may affect different groups of workers.

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Currently, two rules limit Social Security benefits for people who receive non-covered pensions. The Windfall Elimination Provision (WEP) reduces Social Security benefits for people who spent part of their careers in jobs that did not pay into Social Security—such as certain government positions, railroad work, or international employment. The Government Pension Offset (GPO) reduces or eliminates spousal and survivor benefits for people who receive pensions from non-covered government work.

The Social Security Fairness Act proposes to repeal both of these provisions. This means that people affected by WEP and GPO could potentially receive higher Social Security benefits based on their full work history, regardless of non-covered pension income. The act would change how the Social Security Administration calculates benefits for approximately 2 million workers and their families.

Understanding these rules matters because they can significantly reduce the monthly income that retirees, spouses, and survivors receive. A person might have paid into Social Security for decades but see their benefits reduced because of employment in a non-covered job. This guide explains how these provisions work, who they affect, and what information is available about potential changes.

Practical Takeaway: The Social Security Fairness Act would change benefit calculations for people who have both Social Security coverage and non-covered government pensions. Learning about WEP and GPO helps you understand how your own benefits might be affected.

How the Windfall Elimination Provision Works

The Windfall Elimination Provision, or WEP, has been part of Social Security law since 1983. It was created based on the idea that workers with non-covered pensions did not pay Social Security taxes on all their income, and therefore should not receive the same benefit formulas as workers who paid taxes on their entire careers.

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Social Security's benefit formula is designed to replace a higher percentage of income for lower-wage workers than for higher-wage workers. For example, if you earned $20,000 per year, Social Security replaces a larger percentage of that income than it would if you earned $100,000 per year. This progressive structure helps ensure that low-income workers have an adequate retirement income.

WEP adjusts this formula for people who have non-covered pension income. Instead of using the standard bend points in the Social Security calculation, it applies a modified formula. For someone born in 1955 or later, WEP can reduce the primary insurance amount by up to 50% of the non-covered pension amount. The maximum reduction is capped at a percentage of the full primary insurance amount—in 2024, this cap is approximately 50% of the current average wage index, which limits the reduction to around $895 per month, though this amount changes annually.

WEP applies only to workers who had less than 30 years of substantial earnings in covered Social Security work. "Substantial earnings" means earning at least $27,900 in 2024 (adjusted yearly). If someone has 30 or more years of substantial covered earnings, WEP does not apply. This creates a transition zone: workers with 21 to 29 years of substantial covered earnings receive partial WEP reductions, with the reduction decreasing as years of substantial earnings increase.

Practical Takeaway: WEP reduces Social Security benefits for workers with non-covered pensions and fewer than 30 years of substantial covered earnings. The reduction amount depends on your birth year, your non-covered pension, and your total years of substantial covered earnings.

Understanding the Government Pension Offset

The Government Pension Offset, or GPO, affects spousal and survivor benefits rather than a worker's own retirement benefits. It applies to people who receive pensions from non-covered government work and who are also entitled to Social Security spousal or survivor benefits.

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Spousal benefits typically allow a married person to receive up to 50% of their spouse's primary insurance amount. Survivor benefits allow widows, widowers, and children to receive benefits when a covered worker dies. For decades, anyone entitled to these benefits could receive them alongside their government pension with no reduction.

GPO, enacted in 1983 along with WEP, reduces spousal and survivor benefits by two-thirds of the non-covered government pension amount. For example, if someone receives a $900 monthly government pension, the GPO reduction would be $600 (two-thirds of $900). This reduction is applied to any spousal or survivor benefits the person is entitled to receive. In many cases, this results in zero spousal or survivor benefits, even though the person's spouse or deceased spouse had substantial Social Security earnings.

GPO does not affect the worker's own Social Security retirement benefits, but it eliminates an important income source for many spouses and surviving family members. A surviving spouse caring for young children might receive no benefits because of a government pension from their own work. A widow whose deceased husband had strong Social Security earnings might also receive nothing because of her own government pension.

GPO affects an estimated 700,000 people, making it a significant concern for federal employees, state and local government workers, and their families. These individuals often believed they would receive spousal or survivor benefits when they retired or when their spouse died, only to learn that GPO eliminated that income source.

Practical Takeaway: GPO reduces or eliminates spousal and survivor benefits for people receiving non-covered government pensions. This can substantially impact surviving spouses and families, even when the deceased or living spouse had significant Social Security earnings.

Who Is Affected by These Provisions

WEP and GPO primarily affect workers in government positions that do not participate in Social Security, along with workers in other non-covered employment. These include federal civil service employees hired before 1984, many state and local government workers (particularly those in states with government pension systems separate from Social Security), railroad employees, and some international workers.

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Federal employees under the Civil Service Retirement System (CSRS), hired before 1984, represent a large group affected by these provisions. These workers paid CSRS taxes instead of Social Security taxes for their government work. However, many also worked in Social Security-covered jobs before, after, or between government positions. They have Social Security credits from covered work but may also have non-covered pension income.

Teachers in many states are affected because some state education systems do not participate in Social Security. States like California, Illinois, and Colorado have large numbers of teachers in non-covered pension systems. These teachers may have covered employment elsewhere in their careers, creating a situation where both WEP and GPO apply.

Workers who spent part of their careers in non-covered work and part in covered work represent the core group affected by these provisions. For example, a person might have worked 15 years as a federal employee under CSRS, then worked 20 years in private sector employment covered by Social Security. This person would have Social Security credits from the private sector work but would be subject to WEP because they have fewer than 30 years of substantial covered earnings.

The impact varies greatly depending on individual circumstances. Some people see minimal reductions because they have many years of covered earnings. Others see substantial reductions because they have few years of covered earnings and substantial non-covered pension income. Family situations matter as well—GPO can eliminate most or all spousal and survivor benefits regardless of how long someone worked in covered employment.

Practical Takeaway: Government employees, teachers in non-covered systems, and workers with mixed covered and non-covered employment histories are the main groups affected. The impact depends on years of work in covered versus non-covered employment and the amount of non-covered pension income.

What the Social Security Fairness Act Would Change

The Social Security Fairness Act proposes fundamental changes to how Social Security benefits are calculated for people with non-covered pensions. The act seeks to repeal both WEP and GPO, eliminating the reductions that currently apply to these groups.

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If WEP is repealed, workers with non-covered pensions would receive Social Security benefits calculated using the standard formula, without the modified bend points that currently reduce their benefits. This means workers could receive their full Social Security benefits based on their actual covered earnings