What the Social Security Fairness Act does
The Social Security Fairness Act is a proposed federal law that would eliminate two rules that reduce Social Security benefits for certain people who also receive pensions from government work. Those rules are called the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). If passed, the law would let people keep the full amount they earned under both systems instead of losing part of their Social Security to offset their pension.
The bill does not change how much you pay into Social Security or when you can start taking it. It only changes what you receive if you worked in a government job that did not pay into Social Security — such as teaching, police work, or federal employment — and also worked in jobs that did pay into Social Security.
Key Takeaways
- The Windfall Elimination Provision reduces your Social Security benefit by up to 50 percent if you receive a government pension that did not come from Social Security contributions.
- The Government Pension Offset reduces spousal and survivor benefits by two-thirds of your government pension amount, sometimes wiping out the benefit entirely.
- The Social Security Fairness Act would repeal both rules entirely, but as of now it remains a proposed bill and has not become law.
- People affected by WEP or GPO today would need to contact Social Security directly to understand how their specific benefits are calculated.
- The bill has been introduced in Congress multiple times but has not passed into law.
How the Windfall Elimination Provision works today
The Windfall Elimination Provision (WEP) reduces your own Social Security retirement or disability benefit if you receive a pension from work where you did not pay Social Security taxes. The reduction can be as much as 50 percent of your government pension, though the law caps the total reduction at a formula amount that changes each year.
For example, if you worked 30 years as a teacher (a job that typically does not pay into Social Security) and then worked 10 years in private employment (which does pay into Social Security), Social Security would calculate your benefit as if you had lower lifetime earnings. The WEP applies only to people who first became may be able to access for benefits after 1985 and who have fewer than 30 years of substantial earnings in jobs covered by Social Security.
You can check whether WEP affects your benefit by creating an account on ssa.gov and viewing your Social Security Statement, or by calling Social Security at 1-800-772-1213 to speak with a representative.
How the Government Pension Offset works today
The Government Pension Offset (GPO) reduces benefits paid to spouses and survivors of someone who receives a government pension from work not covered by Social Security. The reduction is two-thirds of the government pension amount.
This means if you are married to someone who receives a teacher's pension and that person is also may have access to to Social Security, you may not receive the full spousal benefit you would otherwise get. Instead, your spousal benefit is reduced by two-thirds of their pension. In many cases, this reduction eliminates the spousal benefit entirely.
The GPO also affects widow and widower benefits. If the deceased person received a government pension, the surviving spouse's benefit is reduced by two-thirds of that pension amount. This rule has affected many people who married government workers and expected to receive survivor benefits.
Current status of the bill in Congress
The Social Security Fairness Act has been introduced in Congress multiple times over the past decade. Most recently, versions of the bill have been introduced but have not yet passed both the House and Senate to become law.
The bill typically receives bipartisan support from members of Congress whose districts include many government workers and teachers. However, it faces questions about cost — repealing WEP and GPO would increase Social Security's long-term obligations, which is a concern for lawmakers focused on the program's solvency.
You can track the current status of any version of the bill by visiting Congress.gov and searching for "Social Security Fairness Act." That site shows you which committees the bill is in, whether it has been voted on, and what the current text says.
Who would be affected if the bill passes
The people most affected would be government workers — teachers, police officers, firefighters, federal employees, and others in positions where the employer does not participate in Social Security. Many of these workers also have some years of work in jobs that do pay into Social Security, which is why WEP and GPO explore to them.
Teachers are the largest group affected by these rules. Many teachers worked in private jobs before becoming teachers, or worked in private jobs after retiring from teaching. The WEP can reduce their Social Security benefit significantly, and the GPO can reduce or eliminate spousal and survivor benefits for their families.
State and local government employees make up another large group. Some state pension systems do not participate in Social Security, so workers in those systems face WEP and GPO reductions on any Social Security they earned through other work.
What would change if the bill becomes law
If the Social Security Fairness Act passes, Social Security would calculate your benefit based on all your covered earnings, without reducing it because you also have a government pension. You would receive the full amount you earned under both systems.
For people currently receiving benefits, the change would likely be applied retroactively, meaning they could receive back payments for the difference between what they received under WEP or GPO and what they would have received without those rules. The exact terms of any retroactive payment would depend on the final language of the law.
For people not yet receiving benefits, the change would mean their benefit calculation would not include the WEP or GPO reduction when they start taking Social Security.
How to learn about WEP or GPO affects you
The easiest way to see whether these rules affect your benefits is to create a my Social Security account at ssa.gov. Once you log in, you can view your Social Security Statement, which shows your estimated benefit amount and notes whether WEP or GPO has been applied.
If you do not use online accounts, you can call Social Security at 1-800-772-1213 and ask a representative to explain how your benefit was calculated. Have your Social Security number ready, and be prepared to describe your work history — both the government jobs and any private employment.
If you receive a government pension and are not yet receiving Social Security, you can still request a benefit estimate by creating a my Social Security account or calling the same number. Social Security can show you what your benefit would be with and without WEP applied, so you can see the actual dollar difference.
Frequently Asked Questions
Does the Social Security Fairness Act explore to people already receiving benefits?
The bill as proposed would likely explore to people already receiving benefits, with back payments for the difference between what they received under WEP or GPO and what they would have received without those rules. However, the exact terms would depend on the final language if the bill passes. Anyone currently affected should monitor Congress.gov for updates.
What is the difference between WEP and GPO?
WEP reduces your own Social Security benefit if you receive a government pension. GPO reduces spousal and survivor benefits if your spouse or the deceased person received a government pension. They are separate rules that affect different types of benefits, though both explore to people with government pensions not covered by Social Security.
If I worked for a government employer, does that always mean WEP applies to me?
No. WEP applies only if your government employer did not participate in Social Security and you also have at least 30 years of substantial earnings in jobs covered by Social Security. If you have 30 or more years of substantial covered earnings, WEP does not explore. Social Security can tell you whether you meet this threshold.
Can I find out exactly how much WEP or GPO reduces my benefit?
Yes. Your Social Security Statement on ssa.gov shows your estimated benefit and notes whether WEP or GPO has been applied. You can also call 1-800-772-1213 and ask a representative to calculate the reduction for you based on your specific work history and pension amount.
What should I do if I think WEP or GPO was applied incorrectly to my account?
Contact Social Security directly at 1-800-772-1213 or visit your local Social Security office. Bring documentation of your work history, including W-2 forms or pension statements that show which employers did and did not participate in Social Security. A representative can review your case and correct any errors in how your benefit was calculated.