The Social Security Fairness Act removes two rules that reduce benefits for people with pensions from government work

The Social Security Fairness Act eliminates two benefit-reduction rules: the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). If you worked for a federal, state, or local government and did not pay Social Security taxes on that job, these rules currently reduce the benefits you can receive based on your own work record or your spouse's record. The law took effect on January 1, 2024.

This change affects people who have both a government pension and Social Security benefits. It does not create new payments or new benefit amounts — it removes the formulas that were cutting what you already earned. If you were already receiving reduced benefits under WEP or GPO, you may receive a larger payment going forward. If you have not yet filed, you will file under the new rules.

The change is permanent and applies to all future benefit payments. However, the rules for who it affects and how much your payment increases depend on your specific work history and which reduction rule applied to you.

Key Takeaways

  • The Windfall Elimination Provision (WEP) reduced your own Social Security benefit if you had a government pension; the Fairness Act removes this reduction starting January 1, 2024.
  • The Government Pension Offset (GPO) reduced spousal or survivor benefits you could receive; the Fairness Act removes this reduction as well.
  • If you were already receiving benefits under either rule, Social Security will recalculate your payment automatically — you do not need to contact them to request the change.
  • The increase in your monthly payment depends on how much you earned in non-government work and when you were born, not on a flat dollar amount.
  • If you have not yet filed for benefits, you will file under the new rules with no reduction applied.

How the Windfall Elimination Provision (WEP) worked and what changes

The Windfall Elimination Provision reduced your own Social Security benefit if you received a pension from work where you did not pay Social Security taxes. This typically meant government employment — federal, state, or local — where you paid into a separate pension system instead. The rule assumed that your government pension already provided income in retirement, so your Social Security benefit was reduced to offset it.

The reduction was not a flat amount. It was calculated using a modified formula that treated your earnings history differently than it would for someone without a government pension. The exact reduction depended on your birth year and how much you earned in jobs where you did pay Social Security taxes. Someone born in 1945 might have seen a larger reduction than someone born in 1960, even with the same government pension.

Under the Fairness Act, this reduction no longer applies. Your Social Security benefit is now calculated using the standard formula based only on your earnings record. If you were already receiving a reduced benefit, Social Security will recalculate it automatically and send you a notice explaining the change. You will not receive a lump-sum payment for the difference — your new, higher amount will begin with your next payment.

How the Government Pension Offset (GPO) worked and what changes

The Government Pension Offset reduced the spousal or survivor benefits you could receive based on someone else's Social Security record if you had a government pension. For example, if you were a teacher with a state pension and your spouse worked in private industry and earned Social Security, you could not receive the full spousal benefit you would otherwise be may have access to to. The GPO reduced that benefit by two-thirds of your government pension amount.

This rule affected spouses, ex-spouses (if married at least 10 years), and widows or widowers. It did not affect your own Social Security benefit based on your own work record — only the portion you could receive based on someone else's record. Many people found they received little or nothing under GPO, even though they had been married for decades and their spouse had substantial earnings.

The Fairness Act removes the GPO entirely. If you have a government pension and are may have access to to spousal or survivor benefits, you can now receive both in full. If you were already receiving a reduced spousal or survivor benefit, Social Security will recalculate your payment. Like the WEP change, you will not receive back pay as a lump sum — your new amount begins with your next regular payment.

When the change takes effect and how Social Security notifies you

The Social Security Fairness Act became law on January 1, 2024. All benefit payments issued on or after that date reflect the new rules. If you were receiving benefits before January 1, 2024, Social Security began recalculating your payment automatically in early 2024.

Social Security mailed notices to people affected by the change. The notice explains that your benefit has been recalculated, shows your new monthly amount, and explains the reason for the change. If you did not receive a notice and believe you should have, you can contact Social Security directly to confirm your status. You do not need to file a new process or take any action — the recalculation happens on Social Security's end.

If you have not yet filed for benefits and you have a government pension, you will file under the new rules. When you explore, Social Security will calculate your benefit without explore WEP or GPO. There is no special form or process — you file the same way as anyone else, and the new rules are applied automatically.

What to do if you were denied benefits or received a reduced amount before 2024

If you were denied spousal or survivor benefits entirely because of the GPO before January 1, 2024, you may now be may have access to to receive them. Social Security should have recalculated your record automatically, but if you did not receive a notice or your payment did not increase, contact Social Security to ask them to review your case under the new rules.

You cannot receive back pay for the period before January 1, 2024, when the old rules were in effect. The law does not allow retroactive payments for benefits that were reduced or denied under WEP or GPO. However, your new, higher payment will continue for as long as you receive benefits.

If you filed for benefits and were told you did not may have access to because of your government pension, you may want to contact Social Security to ask whether you now may have access to under the new rules. This is especially important if you were denied spousal or survivor benefits.

How to contact Social Security about your benefits

You can reach Social Security by phone at 1-800-772-1213 (TTY 1-800-325-0778). You can also visit your local Social Security office in person or create an account on ssa.gov to view your benefit information online. When you contact them, have your Social Security number ready and be prepared to explain your government employment history.

If you call, expect to wait during busy times. Early morning or mid-week calls typically have shorter wait times. You can also request a callback instead of waiting on hold. If you prefer to visit in person, you can find your local office on the Social Security website and call ahead to schedule an appointment.

Frequently Asked Questions

Do I get a lump-sum payment for the benefits I lost under WEP or GPO before 2024?

No. The Fairness Act does not provide back pay for the period before January 1, 2024. Your new, higher monthly payment begins with your next regular check after the recalculation, but you do not receive a one-time payment for the difference from previous years.

I have a government pension and I am married. Can I now receive both my pension and spousal benefits?

Yes, if you are may have access to to spousal benefits based on your spouse's Social Security record, the GPO no longer reduces that amount. You can receive your full spousal benefit in addition to your government pension. Social Security will recalculate your payment automatically if you were already receiving benefits.

What if I delayed filing for benefits because of WEP or GPO? Can I file now?

Yes. If you did not file because you thought the reduction would make your benefit too small, you can now file under the new rules. Contact Social Security to discuss your options. Depending on your age and when you last worked, you may be may have access to to a higher benefit than you expected.

Does the Fairness Act affect my Medicare or Medicaid?

No. The Fairness Act changes only how your Social Security benefit is calculated. It does not affect your Medicare coverage, your Medicaid status, or any other benefits you receive. Your higher Social Security payment may affect your taxes or other income-based programs, but Medicare and Medicaid may be able to access are not directly tied to Social Security benefit amounts.

I worked for a government employer but also paid Social Security taxes on other jobs. Does WEP still explore to me?

No. The Fairness Act removes WEP entirely, regardless of how much you earned in non-government work. Your Social Security benefit is now calculated based on all your earnings, without any reduction for a government pension.