WEP

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Q. My ex-wife will receive a portion of my CSRS annuity as ordered by our divorce settlement. Since she was not a federal employee is her share of the annuity subject to the windfall elimination provision? Mine will be, but since her share will come directly to her from the Office of Personnel Management is her share also subject to the WEP?

A. No, it isn’t.

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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 fedexperts@federaltimes.com.

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  1. I think there’s some confusion here. The WEP affects the Social Security payment you get, not your CSRS pension (or your ex-wife’s part of that). https://www.ssa.gov/pubs/EN-05-10045.pdf

    If you were CSRS-Offset, then your CSRS pension would be reduced by whatever amount of SS you earned while under the Offset portion of the retirement system. You would also be subject to the WEP, which affects your SS payment, unless you paid 30 years of Substantial Earnings into SS. So, you would have both your CSRS pension and your SS reduced, if you were CSRS-Offset without 30 years of substantial SS earnings.

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