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.
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.
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.
We ask for our members’ patience as we collect additional information.