The Social Security Fairness Act 2025 removes two benefit-reduction rules that have cut payments for certain public employees and their families since the 1980s
The Social Security Fairness Act eliminates two provisions that have reduced or eliminated Social Security benefits for people who also receive a government pension: the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). If you worked in a job not covered by Social Security — such as teaching, police work, or federal employment — and paid into Social Security through other work, these rules may have reduced what you receive. The Act phases out both rules over ten years, starting in 2024.
This matters because the reductions have been substantial. WEP can cut your Social Security benefit by up to 50 percent. GPO can reduce or eliminate spousal and survivor benefits entirely. Hundreds of thousands of people have been affected, particularly teachers, firefighters, and state and local government workers who switched jobs or worked multiple careers.
Key Takeaways
- The Windfall Elimination Provision (WEP) reduced Social Security benefits for people who also receive government pensions; the Fairness Act phases it out completely by 2033.
- The Government Pension Offset (GPO) eliminated or reduced spousal and survivor benefits for people with government pensions; this rule also phases out over the same period.
- The phase-out is gradual — your benefit increases by 5 percent each year until the rule no longer applies to you.
- You do not need to take any action; Social Security will recalculate your benefit automatically once you become subject to the new rules.
- If you were denied benefits under the old rules, you may be owed back payments, and Social Security is notifying affected people directly.
How the Windfall Elimination Provision worked and what changes
The Windfall Elimination Provision reduced your Social Security benefit if you received a pension from work not covered by Social Security. The reduction formula was complex, but the effect was simple: your benefit was cut, sometimes by hundreds of dollars per month.
Under the Fairness Act, WEP phases out over ten years. In 2024, the reduction decreased by 5 percent. In 2025, it decreases by another 5 percent. This continues each year until 2033, when WEP no longer applies to anyone. If you are already receiving benefits, Social Security recalculates your payment each January to reflect the smaller reduction. You will see the increase on your benefit statement.
The phase-out applies to everyone affected by WEP, regardless of when you started receiving benefits or how old you are. If you are not yet receiving Social Security, the reduction will be smaller when you claim than it would have been under the old rules.
How the Government Pension Offset worked and what changes
The Government Pension Offset reduced or eliminated benefits paid to the spouse or widow or widower of someone with a government pension. If your spouse worked for a government agency and received a pension, you might have received little or no spousal benefit even though your spouse paid into Social Security through other work. Survivors faced the same problem — a widow or widower with a government pension often received no survivor benefit.
Like WEP, GPO phases out at 5 percent per year starting in 2024. By 2033, the offset no longer applies. If you are currently receiving a reduced spousal or survivor benefit, Social Security will increase your payment each January. If you were denied a benefit entirely under GPO, you may now receive one, though it will be reduced by the remaining offset amount for that year.
What happens if you were denied benefits under the old rules
Social Security is identifying people who were denied or received reduced benefits under WEP or GPO and is notifying them directly. You do not need to contact Social Security to claim back payments — the agency is handling this automatically for most people.
However, the process is gradual. Social Security is working through cases in phases, starting with people currently receiving benefits. If you were denied benefits in the past and are not yet receiving Social Security, you should contact your local Social Security office to ask whether you are owed back payments. Bring documentation of your government pension and your Social Security work history.
Back payments are typically calculated from the date you first became subject to the new rules under the Fairness Act, not from the date you were originally denied. This means you may receive a lump sum covering several years of increased benefits.
The ten-year phase-out schedule
| Year | WEP and GPO Reduction |
|---|---|
| 2024 | 5% reduction (95% of old rule applies) |
| 2025 | 10% reduction (90% of old rule applies) |
| 2026 | 15% reduction (85% of old rule applies) |
| 2027 | 20% reduction (80% of old rule applies) |
| 2028 | 25% reduction (75% of old rule applies) |
| 2029 | 30% reduction (70% of old rule applies) |
| 2030 | 35% reduction (65% of old rule applies) |
| 2031 | 40% reduction (60% of old rule applies) |
| 2032 | 45% reduction (55% of old rule applies) |
| 2033 and beyond | No reduction (rules fully eliminated) |
Who is affected and who should take action
You are affected if you receive or are may have access to to a Social Security benefit and also receive a pension from work not covered by Social Security. This includes teachers in many states, federal employees, some police officers and firefighters, and workers in certain state and local government jobs.
If you are already receiving Social Security, you do not need to do anything. Social Security will recalculate your benefit automatically. If you have not yet claimed Social Security but you know you will be affected, you can claim at any time — your benefit will be calculated under the new, less restrictive rules.
If you were denied benefits in the past and have not heard from Social Security about back payments, contact your local Social Security office. Have your government pension documentation and your Social Security statement ready. The office can tell you whether you are owed back payments and help you file a claim if needed.
Frequently Asked Questions
Do I need to do anything to get the increased benefit?
No. If you are already receiving Social Security, the increase happens automatically each January. Social Security recalculates your benefit under the new rules without any action on your part. If you have not yet claimed, you can claim whenever you are ready, and your benefit will reflect the current year's phase-out amount.
Will I receive a lump sum for the years I was underpaid?
Possibly. Social Security is notifying people who were affected and calculating back payments automatically for most current beneficiaries. If you were denied benefits entirely under the old rules, contact your local Social Security office to ask about back payments. The amount depends on when you first became subject to the new rules and how many years have passed since then.
What if I have a government pension but also paid into Social Security through other work?
You are likely affected by one or both rules. WEP applies to your own benefit if you have a government pension and also earned Social Security credits through other employment. GPO applies to spousal or survivor benefits. The Fairness Act reduces both, so your benefits will increase over the next ten years.
Does the phase-out apply to people who already claimed Social Security?
Yes. Social Security recalculates benefits for everyone affected, whether you claimed years ago or recently. Your benefit increases each January as the reduction percentage decreases. You will see the increase on your benefit statement or payment.
When will the rules be completely gone?
Both WEP and GPO are fully eliminated starting in 2033. After that year, having a government pension no longer reduces your Social Security benefit or the benefits of your spouse or survivors. Anyone claiming Social Security in 2033 or later will not be subject to either rule.