UPDATE: How Will The Social Security Fairness Act Affect Federal Employees & Retirees?
The Social Security Fairness Act (HR 82) was signed into law yesterday. The legislation repeals the windfall elimination provision (WEP), and the government pension offset (GPO).
The WEP and GPO provisions reduce or eliminate Social Security benefits for those who are covered by a government (federal, state or local)-sponsored guaranteed pension plan, such as federal employees who are covered by the Civil Service Retirement System (CSRS). The WEP currently impacts approximately 2 million Social Security beneficiaries, and the GPO impacts nearly 800,000 retirees.
SEE ALSO: How Social Security’s Windfall Elimination Provision Affects Some Federal Retirees
The bipartisan legislation was reintroduced by House Representatives Abigail Spanberger (D-VA) and Garret Graves (R-LA) in 2023, and passed by the House and Senate in 2024.
When will the Social Security Fairness Act be implemented?
The Social Security Administration is currently evaluating how to implement the law, and will release details at a later time.
The following was released by the Social Security Administration on Jan. 6, 2025:
The Social Security Fairness Act, HR 82, concerning the Windfall Elimination Program and Government Pension Offset, was signed into law on January 6, 2025. Upon implementation, the Social Security Fairness Act eliminates the reduction of Social Security benefits while entitled to public pensions from work not covered by Social Security. The Social Security Administration is evaluating how to implement the Act. We will provide more information as soon as available.
I previously filed for Social Security benefits and they are partially or completely offset.
At this time, you do not need to take any action except to verify that we have your current mailing address and direct deposit information if it has recently changed. Most people can do this online with their personal my Social Security account without calling or visiting Social Security. Visit www.ssa.gov/myaccount to sign in or create your account. We will provide ongoing updates regarding implementation on this page.
I have not previously filed for Social Security benefits.
If you are receiving a public pension and are interested in filing for benefits, you may file online at ssa.gov or schedule an appointment.
The WEP reduces the earned Social Security benefits of an individual who also receives a public pension from a job not covered by Social Security. Likewise, the GPO affects the spousal benefits of people who work as federal, state, or local government employees — including police officers, firefighters, and educators — if the job is not covered by Social Security. The GPO reduces by two-thirds the benefit received by surviving spouses who also collect a government pension — often offsetting benefits entirely.
“With the repeal of WEP and GPO, federal retirees, along with so many others, will finally receive the full Social Security benefits they’ve earned,” said National President William “Bill” Shackelford. “NARFE is proud to have played a part in achieving this monumental victory, and we remain committed to ensuring that public service is met with the respect and fairness it deserves.”