A sigh of relief for Public Servants:
Repeal of Social Security’s Windfall Elimination
Provision and Government Pension Offset
Elimination of the Windfall Elimination Provision and Government Pension Offset PROVIDES long AWAITED relief to Public Sector Workers whose social security benefits were slashed.
As a divorce attorney, I have often felt powerless witnessing the frustration and financial strain caused by the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) on many individuals. These Social Security provisions have disproportionately reduced benefits for teachers, law enforcement officers, and other public servants—often blindsiding them during retirement planning or, in my cases, divorce.
To make matters worse, these provisions frequently necessitated hiring experts or actuaries to determine their impact on future benefits. This was critical for lawyers to educate the court and their clients, enabling judges to issue informed decisions and clients to make well-informed choices before accepting settlements.
After decades of lobbying, relief has finally come for parties navigating divorce.
The WEP and GPO provisions of Social Security have been rescinded.
The rescission of the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO) provides relief to nearly 3 million people whose Social Security benefits were significantly reduced, including approximately 250,000 Ohioans.
The House of Representatives passed H.R. 82, the Social Security Fairness Act, on November 12, 2024, by a vote of 327–75. The U.S. Senate followed suit, passing the bill on December 21, 2024, by a vote of 76–20. President Biden signed the act into law on January 5, 2025.
Background on WEP and GPO
The WEP and GPO were introduced in 1983 as part of legislation aimed at addressing Social Security funding challenges. While the intent was to prevent “double-dipping” in benefits, these provisions ended up unfairly reducing Social Security payments for millions of public workers.
What Is the WEP?
The WEP reduced Social Security benefits for individuals who worked in jobs that didn’t pay into Social Security, such as many state and local government positions. It was intended to adjust for the fact that their benefits appeared higher than they actually were.
What Is the GPO?
The GPO reduced or eliminated spousal or survivor Social Security benefits for public workers receiving pensions from jobs that didn’t pay into Social Security. For many retirees, it entirely wiped out these benefits.
Who Was Affected?
The WEP and GPO impacted public servants, such as teachers, firefighters, and police officers, the hardest. Over two million people lost part or all of their Social Security benefits, even though they had worked hard and paid into the system for part of their careers.
The Impact of Rescinding WEP and GPO
Based on a Cost Estimate published on September 9, 2024, by the Congressional Budget Office (CBO), the elimination of these provisions will have a significant impact on monthly benefits for those affected:
– WEP:
The CBO estimated that eliminating the WEP would increase monthly benefits in December 2025 by an average of $360 for 2.1 million Social Security beneficiaries (about 3% of all beneficiaries). By December 2033, that increase would average $460 for 1.8 million beneficiaries.
– GPO:
The CBO estimated that eliminating the GPO would increase monthly benefits in December 2025 by an average of $700 for 380,000 spouses and $1,190 for 390,000 surviving spouses. By December 2033, the increases would average $860 for 330,000 spouses and $1,520 for 480,000 surviving spouses.
What Should You Do If You Previously Filed for Social Security Benefits And They Were Partially or Fully Offset?
If you were affected by the WEP or GPO and have already filed for Social Security benefits, now is the time to revisit your case. Consider contacting the Social Security Administration (SSA) to inquire about how these changes may affect your current or future benefits. Consulting with a qualified professional can also help you navigate this process effectively.
Make sure that the Social Security Administration has your current mailing address and direct deposit information. This can be done in the following ways:
Online. The easiest and fastest way to update your information is through your my
Social Security account. Here’s how:
1. Log in to your my Social Security account.
2. If you don’t already have an account, you can create one on the same website.
a. Navigate to the “My Profile” section.
b. Select “Update Contact Information” and enter your new address or phone number.
c. Confirm your changes and submit them.
By Phone. You can update your address and contact information by calling the SSA directly: Phone Number: 1-800-772-1213 (TTY: 1-800-325-0778 for the hearing impaired) Hours: Monday through Friday, 8:00 AM to 7:00 PM (local time)
In Person. Visit your local Social Security office to update your information.
To find the nearest office: Use the Social Security Office Locator.
Bring identification (e.g., your Social Security card, government-issued photo ID).
By Mail. If necessary, you can send a written request to your local Social Security office.
Include:
Your full name.
Your Social Security Number.
Written by: Samuel Patry
Approaching 17 years of practice, Samuel D. Patry began to limit his law practice to matters related to family law in 2015, after gaining valuable experience in the areas of small business representation, commercial litigation, and estate planning.
This comprehensive experience coupled with Samuel’s passion for litigation have not only provided him an advantage in sophisticated family law litigation involving businesses and complex assets, but having begun his career as a prosecutor and serving on an inter-agency Child Abuse Response Team Samuel developed the discretion, empathy, and grit to handle even the most contentious custody disputes.
Licensed in Ohio and Kentucky Samuel heads Barrow Brown Carrington, PLLC’s Cincinnati office and serves Cincinnati and the surrounding areas. Samuel also accepts select cases in Northern Kentucky and other areas of Ohio.
Learn more about Samuel here.
Request A Consultation
Submitting your information does not create an attorney-client relationship.
DISCLAIMER
THE INFORMATION PROVIDED IN THIS POST IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE. LAWS AND REGULATIONS VARY BY STATE, COUNTY, AND SPECIFIC CIRCUMSTANCES OF YOUR MATTER, AND THE INFORMATION PRESENTED HERE MAY NOT APPLY TO YOUR PARTICULAR SITUATION. ALWAYS CONSULT WITH A QUALIFIED FAMILY LAW ATTORNEY TO OBTAIN ADVICE TAILORED TO YOUR INDIVIDUAL CIRCUMSTANCES. REVIEWING THIS BLOG POST DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND THE AUTHOR, PUBLISHER, BARROW BROWN CARRINGTON, PLLC OR ITS ATTORNEYS. THE AUTHOR AND PUBLISHER ARE NOT RESPONSIBLE FOR ANY ACTIONS TAKEN BASED ON THE INFORMATION PROVIDED IN THIS BLOG POST.
IF YOU HAVE LEGAL QUESTIONS PLEASE CONTACT OUR OFFICES DIRECTLY FOR A CONSULTATION IN COLORADO, FLORIDA, INDIANA, KENTUCKY, OR OHIO.
