The Social Security Fairness Act became law in January 2024

On January 5, 2024, President Biden signed the Social Security Fairness Act into law. This law removes two rules that had reduced Social Security benefits for certain people who also receive pensions from work not covered by Social Security — typically government jobs, teaching positions, or work outside the United States.

The two rules being removed are the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). If you receive a pension from a government job and also draw Social Security benefits, or if you are the spouse or survivor of someone in that situation, this law may increase the amount you receive each month.

The changes do not happen automatically. You will need to contact Social Security to request a recalculation of your benefits, and the timing depends on when you were born and when you started receiving benefits.

Key Takeaways

  • The Windfall Elimination Provision reduced retirement or disability benefits for people who also received government pensions; it is now repealed for people born after 1945.
  • The Government Pension Offset reduced spousal and survivor benefits for people whose own pensions came from government work; it is now repealed for people born after 1945.
  • If you were born in 1945 or earlier, the rules still explore to you, but you may be able to request a one-time recalculation if you were affected before the law passed.
  • You must contact Social Security directly to request a recalculation — the agency will not automatically recalculate your benefits under the new law.
  • The recalculation can take several weeks, and you will receive back pay to the date the law took effect if you are owed more money.

Who the Windfall Elimination Provision affected

The Windfall Elimination Provision (WEP) reduced your own retirement or disability benefits if you had a pension from work that was not covered by Social Security. This typically meant government employment, such as teaching in a public school, working for a state or local agency, or military service under certain circumstances.

The reduction was not a flat amount — it was calculated based on your benefit amount and how much of your work history was covered by Social Security. Some people saw their benefits cut by $30 or $40 a month; others lost several hundred dollars monthly. The exact reduction depended on your age when you started benefits and your earnings record.

If you were born after 1945, the WEP no longer applies to you. If you were born in 1945 or earlier, the rule still affects your current benefits, but you may be able to request a one-time recalculation to see if you are owed back pay.

Who the Government Pension Offset affected

The Government Pension Offset (GPO) reduced spousal benefits, survivor benefits, or divorced spousal benefits if you received a pension from government work not covered by Social Security. This meant that if you were the spouse of a Social Security beneficiary and also had your own government pension, your spousal benefit was reduced — sometimes to zero.

The GPO reduction was two-thirds of your government pension amount. If your pension was $900 a month, your spousal benefit would be reduced by $600. If your pension was large enough, you would receive no spousal benefit at all, even though your spouse had paid into Social Security for decades.

The same rule applied to survivor benefits: if you were the widow, widower, or child of a Social Security beneficiary and also received a government pension, your survivor benefit was reduced by two-thirds of that pension. The GPO is now repealed for people born after 1945.

How to request a recalculation of your benefits

Contact Social Security by phone, in person, or online. You can call 1-800-772-1213 (TTY 1-800-325-0778) Monday through Friday, 8 a.m. to 7 p.m. Eastern time. You can also visit your local Social Security office or go to ssa.gov to create an account and send a message through your Social Security account.

When you contact them, explain that you want your benefits recalculated under the Social Security Fairness Act. Have your Social Security number ready. If you are requesting a recalculation because of the WEP, be prepared to describe your government pension — the agency may ask for the name of the employer and the dates you worked there.

Social Security will review your record and send you a notice showing your new benefit amount and any back pay owed to you. The recalculation process typically takes four to six weeks, though it may take longer if your record is complex or if Social Security needs additional information from you.

When you will receive back pay

If Social Security recalculates your benefits and finds that you are owed more money, you will receive back pay dating to January 5, 2024 — the date the law took effect. This back pay is the difference between what you were paid and what you should have been paid under the new rules.

Back pay is typically sent by direct deposit to the same account where your regular Social Security payments go. If you do not receive direct deposit, Social Security will mail you a check. The amount can be substantial if you have been receiving reduced benefits for many years.

If you were born in 1945 or earlier and the WEP or GPO affected you before the law passed, you may be able to request a one-time recalculation for the period before January 5, 2024. Ask Social Security about this when you call — the rules for this one-time recalculation are different from the ongoing recalculation under the new law.

What happens if you have already claimed benefits

If you are already receiving Social Security benefits and the WEP or GPO reduced your payments, you do not need to reapply for benefits. You straightforward request a recalculation. Social Security will adjust your monthly payment going forward and send you back pay for the months since January 5, 2024.

If you have not yet claimed Social Security but you receive a government pension, you can claim benefits now without the WEP reduction if you were born after 1945. Your benefit will be calculated as if you had no government pension, which may result in a higher monthly payment than you expected.

If you are the spouse or survivor of a Social Security beneficiary and you receive a government pension, the GPO no longer reduces your spousal or survivor benefit if you were born after 1945. You can claim this benefit without the offset.

Frequently Asked Questions

Do I have to do anything, or will Social Security automatically recalculate my benefits?

You must contact Social Security to request a recalculation. The agency will not automatically adjust your benefits. Call 1-800-772-1213, visit your local office, or use your Social Security account online to request the recalculation.

I was born in 1945 or earlier — does the new law affect me?

The WEP and GPO still explore to your current benefits if you were born in 1945 or earlier. However, you may be able to request a one-time recalculation for the period before January 5, 2024, to see if you are owed back pay. Contact Social Security to learn about your options.

How long will it take to get my recalculation and back pay?

The recalculation typically takes four to six weeks. Back pay is usually sent by direct deposit along with your next regular payment, though it may arrive separately if the amount is large. If you do not use direct deposit, Social Security will mail you a check.

What if I have a government pension from work outside the United States?

The law applies to government pensions from any country. If you receive a pension from government work not covered by Social Security — whether in the United States or abroad — you may be affected by the WEP or GPO. Contact Social Security with details about your pension to learn how the new law applies to you.

Can I claim benefits now if I was waiting because of the WEP or GPO?

Yes. If you delayed claiming Social Security because the WEP or GPO would have reduced your benefits, you can now claim if you were born after 1945. Your benefit will be calculated under the new rules without these reductions. Contact Social Security to discuss the best time for you to claim.