The Social Security Fairness Act removes two penalties that reduce benefits for people who also receive a government pension

The Social Security Fairness Act eliminates two rules — the Government Pension Offset (GPO) and the Windfall Elimination Provision (WEP) — that have reduced Social Security payments for certain retirees since the 1980s. If you receive or will receive a pension from federal, state, or local government work that was not covered by Social Security, these rules may have cut your benefits. The law, signed in December 2023, removes those cuts for people who become newly may be able to access after the law's effective date and allows some people already receiving reduced benefits to receive back pay.

Back pay under this law is not automatic. You must contact Social Security to request it, and the amount depends on when you first became may be able to access and which rule affected you. The process involves submitting a form and waiting for Social Security to recalculate your record.

Key Takeaways

  • The Fairness Act eliminates the GPO and WEP rules, which previously reduced Social Security benefits for people with government pensions not covered by Social Security.
  • Back pay is available only to people who were already receiving reduced benefits under these rules before the law took effect.
  • You must request back pay by contacting Social Security directly — the agency will not send it automatically.
  • The amount of back pay depends on your specific situation, including when you first became may be able to access and which rule reduced your benefits.
  • Processing back pay requests can take several months, and Social Security will notify you in writing of the decision.

Who can receive back pay under the Fairness Act

Back pay is available to people who were already receiving Social Security benefits that were reduced by either the GPO or WEP before December 29, 2023 (the law's effective date). If you started receiving benefits after that date, the reduction no longer applies to your new benefits, but you do not receive back pay — you simply receive the higher amount going forward.

The GPO affects people who receive a spouse's or ex-spouse's Social Security benefit while also receiving a government pension. The WEP affects people who receive their own Social Security benefit while also receiving a government pension. Both rules only apply if your government job was not covered by Social Security payroll taxes.

If you are unsure whether either rule affected your benefits, you can check your Social Security statement online at ssa.gov or call Social Security at 1-800-772-1213 to ask.

How to request back pay from Social Security

Contact Social Security directly to request recalculation of your benefits. You can do this in three ways: call 1-800-772-1213, visit a local Social Security office in person, or create an account at ssa.gov and send a message through your account. When you contact them, tell them you want your benefits recalculated under the Social Security Fairness Act.

Social Security will ask for information about your government pension, including the agency that employed you, the dates you worked there, and the amount of your current pension. Have your pension statements or award letters available when you call. You may also need to provide documentation that your government job was not covered by Social Security.

You do not need to fill out a specific form to request this recalculation, though Social Security may mail you forms to sign as part of their process. The agency will handle the paperwork on their end.

What happens after you request back pay

After you contact Social Security, the agency will review your record and determine whether you are may have access to to back pay. This process typically takes several months. Social Security will send you a written notice explaining the decision, including the amount of back pay you will receive (if any) and how much your ongoing monthly benefit will increase.

If Social Security approves your request, back pay is usually paid in a single lump sum, though in some cases it may be split into multiple payments. The payment will be deposited into the same account where you currently receive your monthly benefit, or mailed as a check if you do not have direct deposit set up.

If you disagree with Social Security's decision, you have the right to appeal. The notice they send will explain how to file an appeal and the deadline for doing so.

How much back pay you might receive

The amount of back pay depends on how far back the recalculation goes and which rule reduced your benefits. Generally, back pay covers the period from when you first became may be able to access for the higher benefit amount under the new law. For most people, this means back pay from December 29, 2023 forward, but the exact calculation is specific to your situation.

Social Security will calculate the difference between what you received under the old rules and what you should have received under the new rules, then pay you that difference as a lump sum. The agency will show you this calculation in the written notice they send.

The amount is not a fixed number — it depends on your age when you first became may be able to access, how long you have been receiving benefits, and the size of your government pension. Someone who has been receiving reduced benefits for many years will typically receive more back pay than someone who recently started receiving benefits.

How the Fairness Act changes your ongoing benefits

After your benefits are recalculated, your monthly payment will increase permanently. The increase is the difference between what the GPO or WEP was taking away and what you will now receive. This higher amount continues for the rest of your life and is adjusted each year for cost-of-living increases.

If you are married and your spouse also receives Social Security based on your record, their benefits may also increase. Spousal benefits are calculated as a percentage of your primary benefit amount, so when your benefit goes up, theirs increases too.

The increase does not affect your Medicare coverage, Medicaid (if you receive it), or other benefits based on your Social Security amount. It may affect your taxes on Social Security benefits if your combined income crosses certain thresholds, but for most people the tax impact is minimal.

Timeline and what to expect

The law took effect on December 29, 2023. Social Security began accepting recalculation requests immediately, but the agency has received a large volume of requests and processing times have been longer than usual. As of early 2024, some people reported waiting three to six months for a decision.

There is no deadline to request recalculation — you can do it at any time. However, back pay only goes back to December 29, 2023, so waiting longer does not increase the amount you receive. Contacting Social Security sooner means you receive your back pay sooner.

If you are still working or plan to work, be aware that the higher benefit amount may affect your earnings limit if you have not yet reached full retirement age. Social Security will explain this in their notice if it applies to you.

Frequently Asked Questions

Do I have to do anything if I am not yet receiving Social Security?

No. If you have not started receiving benefits yet, the GPO and WEP no longer apply to you. When you claim Social Security, you will receive the full benefit amount with no reduction. You do not need to contact Social Security in advance.

What if I receive a pension from a job that was covered by Social Security?

The GPO and WEP only apply to government pensions from jobs that were not covered by Social Security. If your government employer withheld Social Security taxes from your pay, these rules do not affect you. Check your pension award letter or contact your pension administrator if you are unsure.

Can my ex-spouse receive back pay if they were affected by the GPO?

Yes, if your ex-spouse was receiving a reduced benefit based on your Social Security record and their own government pension, they can request recalculation the same way. They should contact Social Security directly and explain they want their benefits recalculated under the Fairness Act.

Will the back pay affect my taxes?

Back pay is treated as Social Security income for tax purposes. Depending on your total income that year, you may owe federal income tax on part of the back pay. Social Security will not withhold taxes automatically, so you may want to consult a tax professional about whether you need to make estimated tax payments.

What if Social Security says I am not may have access to to back pay?

You have the right to appeal. The notice Social Security sends will explain the reason for the denial and how to file an appeal within the deadline shown. You can appeal on your own or with help from a representative.