Subject to windfall provision


Q: I received a federal disability pension in 1991. I retrained and was able to work until 2004 when the same condition worsened. I applied for Social Security disability compensation and eceived it in 2008. I just received a notice that the federal civil service disability pension is considered a windfall. A calculation will be made with the windfall rule to reduce my Social Security disability. Is this discrimination against the disabled? Is there a way that I can fight or protest this situation?

A: Apparently, you are subject to the windfall elimination provision, which applies to the Social Security benefit of anyone receiving an annuity, in whole or part, from a retirement system in which he didn’t pay Social Security taxes and has fewer than 30 years of substantial earnings under Social Security. For more information about the WEP, go to


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Reg Jones was head of retirement and insurance policy at the Office of Personnel Management. Email your retirement-related questions to

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