The Social Security Fairness Act removes two rules that reduced benefits for public employees
On January 16, 2024, President Biden signed the Social Security Fairness Act into law. The law eliminates two provisions — the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO) — that had reduced or eliminated Social Security benefits for certain people who also received pensions from government work.
If you worked for a federal, state, or local government agency and did not pay Social Security taxes on that job, these rules may have affected your benefits. The new law phases out both provisions over ten years, meaning the reduction to your benefit will shrink each year until it disappears entirely.
The change is not automatic. You do not need to do anything right now, but you may be able to request a recalculation of your benefits once the law takes effect, and you should understand how the phase-out works for your situation.
Key Takeaways
- The Windfall Elimination Provision reduced Social Security retirement or disability benefits for people who also received government pensions; the Government Pension Offset reduced spousal and survivor benefits in the same situation.
- Both provisions phase out over ten years starting in 2024, meaning the reduction shrinks by 10 percent each year until it reaches zero in 2033.
- You do not need to reapply or take action now; Social Security will recalculate your benefits automatically once the phase-out begins.
- If you are already receiving benefits, you may be able to request a recalculation sooner, and you should contact Social Security to ask about your specific situation.
- The law applies only to people who worked for a government employer that did not withhold Social Security taxes from their paychecks.
How the Windfall Elimination Provision worked and what changes now
The Windfall Elimination Provision (WEP) reduced your Social Security retirement or disability benefit if you also received a pension from government work where you did not pay Social Security taxes. The reduction could be substantial — in some cases, it cut your benefit by 50 percent or more.
The rule was based on the idea that Social Security's benefit formula gives a larger percentage of earnings back to lower-income workers. If you had a government pension, the government assumed your actual income was higher than your Social Security record showed, so it reduced your benefit to account for that.
Starting in 2024, the reduction phases out. In 2024, the WEP reduction shrinks by 10 percent. In 2025, it shrinks by another 10 percent (so you lose 20 percent of the original reduction). This continues each year until 2033, when the reduction disappears entirely and you receive your full Social Security benefit.
How the Government Pension Offset worked and what changes now
The Government Pension Offset (GPO) reduced or eliminated spousal and survivor benefits for people who also received government pensions. If you were married to someone receiving Social Security, or if you were a widow or widower, the GPO could reduce or wipe out the benefits you would otherwise receive based on your spouse's or ex-spouse's work record.
Like the WEP, the GPO was based on the assumption that a government pension meant your household income was higher than it appeared. The offset typically reduced your spousal or survivor benefit by two-thirds of your government pension amount.
The GPO also phases out over ten years beginning in 2024, using the same schedule as the WEP. By 2033, you will receive the full spousal or survivor benefit you are may have access to to, regardless of any government pension you receive.
When the phase-out takes effect and how to track your benefit
The phase-out began on January 1, 2024. Social Security will apply the new calculation to your benefits automatically; you do not need to contact them or file anything to receive the reduction in the WEP or GPO.
If you are already receiving benefits, Social Security will recalculate your payment using the new rules. The agency has said it will send notices to affected beneficiaries explaining the change, though the timeline for those notices has not been announced. You can check your benefit amount by logging into your Social Security account at ssa.gov or by calling Social Security at 1-800-772-1213.
If you have not yet started receiving benefits, Social Security will use the new calculation when you claim. There is no advantage to waiting, since the reduction shrinks each year regardless of when you start.
Who this law does and does not affect
The Social Security Fairness Act applies only to people who worked for a government employer — federal, state, or local — that did not withhold Social Security taxes from their paychecks. This includes many teachers, police officers, firefighters, and other public employees in certain states and localities.
If you paid Social Security taxes on all your jobs, including any government work, the WEP and GPO do not affect you and this law does not change your benefits.
If you worked for a government employer that did withhold Social Security taxes on your salary, you are not subject to the WEP or GPO. Some government employers do participate in Social Security, so it is possible to have both a government pension and a full Social Security benefit without any reduction.
The law also does not change how much your government pension is, or whether you receive it. It only affects how Social Security calculates your Social Security benefit.
What to do if you think you are affected
Start by checking your Social Security statement. You can create an account at ssa.gov and view your earnings record and estimated benefit. If you see a note about the WEP or GPO, or if your benefit seems lower than you expected, contact Social Security directly.
Call 1-800-772-1213 (TTY 1-800-325-0778) to speak with a representative. Have your Social Security number ready, and be prepared to explain which government employers you worked for and whether they withheld Social Security taxes. Social Security can tell you whether the WEP or GPO applies to you and what your benefit will be under the new phase-out schedule.
If you are already receiving benefits and believe you are may have access to to a recalculation, ask Social Security whether you can request one now or whether you should wait for the automatic recalculation. Some people may be able to receive back payments if they were overly penalized in the past, though the rules for retroactive adjustments are still being clarified.
How the phase-out schedule works year by year
The reduction to your benefit shrinks by 10 percent of the original WEP or GPO amount each year. This means the reduction does not disappear all at once — it gets smaller gradually.
| Year | WEP/GPO Reduction Remaining |
|---|---|
| 2024 | 90% of the original reduction |
| 2025 | 80% of the original reduction |
| 2026 | 70% of the original reduction |
| 2027 | 60% of the original reduction |
| 2028 | 50% of the original reduction |
| 2029 | 40% of the original reduction |
| 2030 | 30% of the original reduction |
| 2031 | 20% of the original reduction |
| 2032 | 10% of the original reduction |
| 2033 and beyond | No reduction — full benefit applies |
For example, if the WEP was reducing your benefit by $300 per month, in 2024 it will reduce it by $270 (90 percent of $300). In 2025, it will reduce it by $240 (80 percent of $300). By 2033, there will be no reduction at all.
Frequently Asked Questions
Do I need to do anything to get the benefit of this law?
No. Social Security will recalculate your benefits automatically using the new phase-out schedule. You do not need to contact them or file anything. However, if you want to confirm that the change has been applied to your account, you can log into your Social Security account online or call 1-800-772-1213.
Will I get back pay for the years I was penalized by the WEP or GPO?
The law does not automatically provide back pay, but Social Security is still clarifying the rules for retroactive adjustments. If you believe you are may have access to to back payments, contact Social Security and ask about your specific situation. It is worth asking, as some people may be able to recover past overpayments.
What if I have not started receiving Social Security yet?
When you claim Social Security, the agency will use the new phase-out calculation. There is no reason to delay claiming to get a larger benefit, since the reduction shrinks each year regardless of when you start receiving payments.
Does this law affect my government pension?
No. The law only changes how Social Security calculates your Social Security benefit. Your government pension amount does not change, and you will continue to receive it as before.
What if I worked for a government employer that did withhold Social Security taxes?
Then the WEP and GPO do not apply to you, and this law does not affect your benefits. You should be receiving your full Social Security benefit based on your work record. If you are not, contact Social Security to review your account.