Q. I have over 30 years of substantial earnings under Social Security. My spouse has 20 years of substantial earnings under Social Security. She also falls under the windfall elimination provision (WEP) because she is an educator and will receive a pension. My benefits are such that if she accepts the spousal benefit, rather than her own, it will be higher than her regular payment. That would then be subject to WEP. But, since I have over 30 years of substantial earnings, should she be eligible for the full spousal benefit? If she had over 30 years she would receive all of her benefit so why not the full spousal benefit?
A. I think what you are saying is that you wife’s Social Security benefit will be affected by the windfall elimination provision because she will be receiving an annuity from a retirement system where she didn’t pay Social Security taxes. If I’m right, then her entitlement to a spousal benefit based on your work record won’t be affected by the WEP; instead it will be affected by the government pension offset provision of law. The GPO reduces — and often eliminates — the spousal benefit of someone who is receiving an annuity from a retirement system where he or she didn’t pay Social Security taxes. The reduction would be $2 for every $3 she receives in her annuity.
