WEP & GPO REPEALED!
After more than 40 years, two harmful Social Security measures have finally been defeated.
WEP & GPO REPEALED!
After more than 40 years, two harmful Social Security measures have finally been defeated.

In 2024, the U.S. Congress and Senate passed H.R. 82, the Social Security Fairness Act, repealing the Government Pension Offset (GPO) and Windfall Elimination Provision (WEP). On January 5, 2025, President Joe Biden signed H.R. 82, making repeal of GPO and WEP the law of the land.

This strong bipartisan effort eliminates two unfair and arbitrary federal provisions that reduced or even eliminated entirely earned Social Security benefits of millions of public servants, including most Texas public education retirees.

WEP & GPO REPEAL FAQ

GPO

The Government Pension Offset, or GPO, was a Social Security provision that reduced government employees’ spousal or survivor benefits. These benefits are commonly related to a spouse receiving their partner’s Social Security income when their partner passes away.

Specifically, the GPO most often applied to the benefits retired Texas teachers expected to receive as a widow or widower.

The GPO reduced the SS income of survivors by two-thirds the amount of their TRS annuity. In most cases, this completely eliminated the spousal Social Security benefit Texas public education retirees expected as a widow or widower.

WEP

The Windfall Elimination Provision (WEP) was an unfair federal provision preventing retirees from receiving the Social Security benefits they are owed. The WEP, which took effect in 1983, provided a means of eliminating the “windfall” of Social Security benefits received by beneficiaries who also receive a pension based on work not covered by Social Security.

Ninety-six percent of Texas public school employees do not pay into Social Security through their work with Texas schools. However, many have other jobs before, during, or after their employment in education in which they do pay into the federal program. Those earned benefits were slashed by WEP, shocking many retirees who expected to receive Social Security benefits as part of their retirement income.

According to the Social Security Administration’s website:

The Act applies to benefits you get on your own record (retirement or disability benefits) and to spouse’s or surviving spouse’s benefits on another person’s record. What action you need to take depends on your situation and on what type of benefits you qualify for.

If you never applied for retirement, spouse’s, or surviving spouse’s benefits because of WEP or GPO:

You may need to file an application. The date of your application might affect when your benefits begin and your benefit amount. However, each case is different, and all other Social Security laws and policies, such as benefit reductions for claiming benefits before the full retirement age, the retirement earnings test, and others, still apply.

  • The most convenient way to apply for retirement or spouses’ benefits is online at www.ssa.gov/apply. Please note that the online application continues to collect pension information until we are able to update it; however, we will not offset the benefit.
  • The survivor benefit application is not available online.
  • NEW! We will take an application by telephone for people who did not previously apply for retirement benefits because of WEP or spouse’s or surviving spouse’s benefits because of GPO. If you meet these conditions, call 1-800-772-1213 Monday through Friday, from 9:00 a.m. to 6:00 p.m. ET. When the system asks, “How can I help you today?”, say “Fairness Act.” Then, you’ll be asked a few questions. Your answers will help us connect you to a WEP-GPO trained representative to take your claim.

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.

If you are entitled to retired or disabled workers’ benefits, and your benefits are currently being reduced by WEP; OR if you are entitled to spouse’s or surviving spouse’s benefits, and your benefits are currently being reduced or eliminated by GPO

Consider reviewing the mailing address and/or direct deposit information that SSA has on file for you. This will allow SSA to adjust your benefits as quickly as possible. Generally, no other actions are needed at this time.

The easiest way for most beneficiaries to update their address or direct deposit information with SSA, if needed, is online with a personal my Social Security account. There is no need to call or visit SSA. Visit www.ssa.gov/myaccount to sign in or create an account.

According to the Social Security Administration, “SSA is finalizing its plan to implement the Act. We cannot yet provide an estimated timeframe for when we will adjust a person’s past or future benefits, but we will continue to provide updates on this webpage. We thank the public for its patience.”

We know our deserving public education retirees, as well as millions of other public servants, are anxious to receive their earned Social Security benefits as soon as possible! TRTA will be working closely with Texas Congressman Lance Gooden’s office and the Social Security Administration (SSA) to ensure the most up-to-date information is provided to our members, supporters, and friends.

In the meantime, the SSA has created this webpage to answer a few commonly asked questions. The page will be updated as more information becomes available. Please bear in mind the SSA may need several months to process benefit changes for more than 2.5 million Americans affected by WEP and/or GPO.

It is expected that those affected by WEP and/or GPO will begin receiving their benefits sometime in 2025. H.R. 82 makes the enactment date of this repeal January 2024. During the live bill signing event by President Biden on January 5, the President announced that those impacted by these provisions will receive a lump sum payment of benefits for the year 2024. There is still much information to be learned about this payment, for example, if it will be subject to taxation and when it will be paid!

Beware of scammers!

Retirees benefit from the repeal of WEP and GPO may be targeted by scammers who want to take advantage of this situation. TRTA will update you on this more in the coming days! Rely on information only from the Social Security Administration, the Teacher Retirement System of Texas (TRS), and TRTA. 
 
It’s always good to remember these steps:
 
  • Don’t click on links from unknown or untrusted sources.
  • Don’t share your social security information with anyone you don’t know.
  • Never share personal information with anyone who shouldn’t have it. 
  • If you’re not sure, it is always better to end a discussion and not share information so you can verify any contact before harm is done.