President Biden signed the Social Security Fairness Act (Act) into law on January 5, 2025. The Act repeals two provisions that lowered the amount of social security benefits that some public pensioners and/or their spouses could receive. The Act is retroactive to January 2024.
The Act repeals two provisions that were enacted in 1983: the Windfall Elimination Provision (WEP); and the Government Pension Offset (GPO). The WEP reduced Social Security benefits for individuals who received pension or disability benefits from employment where Social Security payroll taxes were not withheld, such as most state and local governmental employment. The GPO reduced Social Security benefits for spouses, widows and widowers who also received income from their own government pensions.
The Social Security Administration is evaluating how to implement the Act. If a public pensioner or their surviving spouse previously filed for Social Security benefits, and their benefit was partially or completely offset by the WEP or the GPO, the Social Security Administration advises that there is no need for pensioners to take any action except to verify that the Social Security Administration has their current mailing address and direct deposit information. If a public pensioner or their surviving spouse has never filed for Social Security benefits, then they should apply online at www.ssa.gov/myaccount.