The Social Security Fairness Act removes two rules that reduce benefits for people who also receive a government pension

The Social Security Fairness Act, passed in December 2023 and effective January 2024, eliminates two benefit-reduction rules: the Government Pension Offset (GPO) and the Windfall Elimination Provision (WEP). These rules previously cut Social Security benefits for people who worked in government jobs where they did not pay Social Security taxes — typically teachers, police officers, and civil service workers.

If you were affected by either rule before January 2024, you may be may have access to to back payments. The amount depends on which rule applied to you, when your benefits started, and whether you have already received reduced payments. The Social Security Administration (SSA) is processing these claims, but the process is not automatic — you need to contact SSA to request the back payments you are owed.

Key Takeaways

  • The Government Pension Offset previously reduced spousal and survivor benefits by two-thirds of your government pension; the Windfall Elimination Provision reduced your own retirement or disability benefit by up to half your government pension amount.
  • Back payments are available only if you were receiving reduced benefits under either rule before January 2024, and you must request them directly from Social Security.
  • The SSA is processing requests in phases based on when your benefits started, with people whose benefits began earliest receiving payment first.
  • You can contact SSA by phone at 1-800-772-1213, in person at your local Social Security office, or through your my Social Security account online.
  • Back payments typically cover the period from January 2024 forward, not the entire time you received reduced benefits before that date.

How the Government Pension Offset affected your benefits

The Government Pension Offset (GPO) applied if you received a pension from a government job where you did not pay Social Security taxes, and you were also may have access to to spousal or survivor benefits based on someone else's Social Security record. The GPO reduced your spousal or survivor benefit by two-thirds of your government pension amount.

For example, if your government pension was $1,500 per month, the GPO would reduce your spousal benefit by $1,000 (two-thirds of $1,500). If your spousal benefit would have been $800, the GPO would eliminate it entirely because $800 is less than $1,000. This rule affected spouses, ex-spouses, and surviving spouses or ex-spouses of workers who had paid into Social Security.

Under the Fairness Act, the GPO no longer applies. If you were receiving a reduced spousal or survivor benefit because of the GPO, you can now receive the full amount you would have been may have access to to without that reduction. Back payments cover the difference between what you received and what you should have received, starting from January 2024.

How the Windfall Elimination Provision affected your benefits

The Windfall Elimination Provision (WEP) applied if you received a government pension from work where you did not pay Social Security taxes, and you were also may have access to to your own Social Security retirement or disability benefit. The WEP reduced your Social Security benefit by up to half of your government pension amount, using a formula that typically resulted in a reduction of 25 to 50 percent of your benefit.

The WEP was designed to prevent people from receiving a "windfall" — a full Social Security benefit calculated as if they had low lifetime earnings, when in fact they had substantial income from government work. However, it affected many people who had worked both in Social Security-covered jobs and in government positions. For example, a teacher who worked part-time in a covered job while teaching full-time in a government position could see their Social Security benefit cut significantly.

Under the Fairness Act, the WEP no longer applies to anyone. If you were receiving a reduced retirement or disability benefit because of the WEP, your benefit will be recalculated without that reduction. Back payments cover the difference from January 2024 forward, and in some cases may extend further back depending on your circumstances.

Who is may have access to to back payments

You are may have access to to back payments if you meet all of these conditions: you were receiving Social Security benefits before January 2024; your benefit was reduced by either the GPO or the WEP; and you have not already received a payment correcting that reduction. You do not need to have worked in a government job currently — the rule applied based on your work history at any point.

Back payments are not automatic. The SSA is processing requests in phases, prioritizing people whose benefits started earliest. Even if you are in an earlier phase, you must contact Social Security to request your back payments. The agency will not send you a notice telling you that you are owed money or that you need to take action, though some people have received letters informing them of the change.

If you were receiving a reduced benefit and have since passed away, your surviving family members may be may have access to to back payments on your behalf. Contact Social Security with a death certificate and proof of your relationship to the deceased worker.

How to request your back payments

Contact the Social Security Administration directly to request back payments. You can reach SSA by calling 1-800-772-1213 (TTY 1-800-325-0778 for deaf and hard-of-hearing callers), Monday through Friday, 8 a.m. to 7 p.m. Eastern time. Have your Social Security number ready when you call.

You can also visit your local Social Security office in person. Find the office nearest you at ssa.gov/locator. Bring your Social Security card, a photo ID, and any documents related to your government pension (such as a pension statement or letter from your government employer).

If you have a my Social Security account, you can log in at ssa.gov/myaccount to view your benefit information and see if any adjustment has been made. However, you cannot request back payments through the online account — you must call or visit in person.

What to expect during the processing timeline

The SSA is processing back payment requests in phases based on when your benefits started. People whose benefits began in 2015 or earlier are being processed first, followed by those whose benefits started in later years. The agency has not published a specific timeline for completing all requests, but processing can take several weeks to several months depending on the complexity of your case and current SSA workload.

When your back payment is approved, SSA will send you a notice explaining the amount and how it was calculated. Back payments are typically issued as a single lump sum, either by direct deposit to your bank account or by check, depending on how you normally receive your Social Security benefit. If you receive benefits by direct deposit, your back payment will go to the same account.

Back payments may affect your taxes and other benefits. Lump-sum payments can push your income into a higher tax bracket for that year, and they may affect means-tested benefits like Supplemental Security Income (SSI) or Medicaid. Consider speaking with a tax professional or financial advisor before the payment arrives if you are concerned about these effects.

Frequently Asked Questions

Will I receive back payments for all the years I was affected by the GPO or WEP?

No. Back payments typically cover the period from January 2024 forward, not the entire time you received reduced benefits before that date. The law does not provide for retroactive payments to before 2024. However, if there are special circumstances in your case, Social Security can explain what period your back payments cover when you contact them.

What if I am already deceased — can my family get the back payments?

Yes. If you were receiving reduced benefits and have passed away, your surviving spouse, ex-spouse, or adult children may be may have access to to back payments on your behalf. Contact Social Security with a death certificate and proof of your relationship to the deceased worker to request payment.

Do I have to pay taxes on my back payment?

Back payments are treated as Social Security income for tax purposes. Depending on your total income that year, between 0 and 85 percent of your back payment may be subject to federal income tax. You may want to consult a tax professional about the impact on your specific situation.

Can I request back payments if my benefits were reduced by the GPO but I am not yet receiving Social Security?

No. Back payments are only for people who were actually receiving reduced benefits before January 2024. If you have not yet claimed Social Security, your benefit will be calculated without the GPO or WEP reduction when you do claim, but there are no back payments to request.

What if Social Security says I do not may have access to for back payments?

If SSA denies your request, ask for a written explanation of why. You have the right to appeal the decision. Contact your local Social Security office or call 1-800-772-1213 to learn about the appeal process, which typically involves requesting reconsideration and then a hearing before an administrative law judge if needed.