Windfall Elimination Provision: WEP Repeal & Social Security Benefits

On January 5, 2025, President Joe Biden signed the Social Security Fairness Act of 2023 (HB 82) into law. This law repealed two specific rules that reduced Social Security benefits for more than 3.2 million Americans over the years. Both the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) rules for Social Security no longer apply going forward.

Learn how this new law may increase Social Security benefits for certain teachers, firefighters, police officers, federal employees, and others.

Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) Repeal Update: Key Takeaways

• The Biden administration ended two federal rules that previously reduced Social Security benefits for millions of Americans in January 2025.
• 2023’s Social Security Fairness Act applies to workers in jobs not covered by Social Security for disability or retirement benefits. Instead, those workers typically receive monthly benefit payments from an employer, state, or government-funded pension plan.
• This new law applies to any Social Security benefits due starting in January 2024, including retroactive payments. The Social Security Administration is working to eliminate benefit reductions for more than 3 million people as quickly as possible.
• Never filed for Social Security retirement, spousal, or survivor’s benefits because you did not qualify under WEP or GPO rules? Then you should apply for those monthly benefit payments now. Call at 1-800-772-1213 Monday through Friday, 9am-6pm CST and say “Fairness Act” when the system asks how to help you.

Windfall Elimination Provision Rule: Understanding Its Impact and History

The Windfall Elimination Provision (WEP) was a federal law that reduced Social Security benefits for workers who also receive a pension from employment not covered by Social Security. This included some state, local, or federal government jobs and employees who didn’t pay Social Security taxes while working abroad.

Basically, WEP applied to anyone who received a pension from a job where they did not pay Social Security taxes. So, why does the WEP rule apply to certain workers with pensions, but not others?

Congress passed the WEP to prevent individuals who worked in both Social Security-covered and non-covered jobs from receiving disproportionately high Social Security benefits. That’s because Social Security law favors lifelong low-wage earners through an established minimal monthly benefit amount.

Without the WEP, the Social Security benefit formula treated these workers as if they were low earners. This remains true even if those workers had significant income from jobs that did not fall under Social Security-covered employment.

What Type of Worker Had Benefits Reduced or Eliminated Under the Windfall Elimination Provision (WEP) Rule?

The fact that you’re a government worker or have a pension-based job does not mean you are among the affected beneficiaries. To meet WEP reduction or exclusion rules for monthly Social Security benefits, all of the following must apply to you:

• You worked for at least one job not covered by Social Security. This means your employer never took Social Security taxes out of your paychecks.
• You’re currently drawing or eligible for pension-based retirement benefits from at least one employer. That means you have a separate account that pays monthly retirement benefits other than Social Security.
• You also earned enough Social Security work credits to qualify for disability or retirement benefits from the SSA. In general, that means you worked at least 5 in the last 10 years for jobs where you paid FICA and Medicare payroll taxes. Those taxes fund your Social Security benefits and Medicare services once you reach full retirement age.

However, if you have at least 30 years of “substantial earnings” in Social Security-covered employment, you are exempt from the WEP rule. You can learn more about how the SSA calculates WEP reductions to existing Social Security retirement benefits in this WEP Fact Sheet.

Understanding the Government Pension Offset (GPO) Rule Repeal

Unlike the WEP, this rule repeal applies only to a former or current surviving spouse’s benefits covered under the GPO. Originally, Congress passed the Government Pension Offset (GPO) rule in 1977 to reduce retirement benefit payments to spouses of government workers eligible for non-covered pensions. The GPO rule reduced Social Security payments to spousal beneficiaries by 2/3 of the non-covered pension monthly payment.

To learn more about how the Social Security Fairness Act might increase monthly benefit payments for spouses of government workers, read the GPO Fact Sheet.

How the Social Security Fairness Act May Increase Some People’s Monthly Benefits from the Social Security Administration

The Windfall Elimination Provision and Government Pension Offset rules either reduced or eliminated Social Security benefits for some people. In some cases, the SSA may now owe you retroactive benefits going back to January 2024. Below are the steps you should take if you think the Social Security Administration owes you additional benefits.

If you currently get reduced Social Security disability or retirement benefits under previous WEP or GPO rules, follow these steps:

1. Confirm that the Social Security Administration has your current mailing address and direct deposit information. To do this, sign into your online account through SSA.gov and check that all your information there is correct.
2. If you have not yet created your own MySocialSecurity account or cannot sign in online, call 1-800-772-1213. A Social Security agent can confirm your mailing address and banking info over the phone using your Social Security Number (SSN). You can ask about your new monthly benefit amount under the Fairness Act and when to expect your increased payments.

This ensures you get any retroactive payments the SSA might owe you as quickly as possible.

Never applied for spousal Social Security retirement benefits because of the WEP or GPO rule? Or applied, but the SSA said you don’t qualify for any benefits because of WEP or GPO amount reductions? Then you should follow these steps:

1. You likely need to file a new application with the SSA to receive any benefits or retroactive payments. Gather all the documents you need to apply for retirement or disability benefits on your own or through your spouse’s work record.
2. The easiest way to apply for retirement benefits or spousal payments if your husband or wife is still alive is online at www.SSA.gov/apply. However, if you are widowed, you cannot apply for survivor benefits through a current or former spouse.
3. Not sure if you can get spousal or survivor benefits, or whether the SSA will pay retroactive benefits to you now? Call 1-800-772-1213 during normal weekday business hours to speak with an agent directly.

How to Get a Free Consultation About Social Security Disability Benefits

Reduced services and cuts to SSA support staff are on the horizon, despite the Windfall Elimination Provision (WEP) repeal. If you think you may qualify for Social Security disability benefits, why not find out before you start the application process? An attorney in your area that specializes in disability benefit claims can review your case for free. This is the best and easiest way to know whether you may qualify for benefits before you fill out any forms.

This free consultation does not require you to do anything else, including file an application for benefits or work with that attorney. Deciding whether or not to move forward or work with an attorney at all is entirely up to you.

All disability lawyers work on contingency and charge $0 for claims that do not result in benefits. Best of all, a GAO report shows that working with an attorney makes you 2.9x more likely to get disability benefits within 6 months.

Ready to get started? Click the button below to start your free online benefits quiz and see if you may qualify:

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