About Author

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

7 Comments

  1. Some exceptions
    The Windfall Elimination Provision doesn’t apply if:
    • You’re a federal worker first hired after December 31, 1983;
    • You were employed on December 31, 1983, by a nonpro t organization that didn’t withhold Social Security taxes from your pay at rst, but then began withholding Social Security taxes;
    • Your only pension is for railroad employment;
    • The only work you performed for which you didn’t pay Social Security taxes was before 1957; or
    • You have 30 or more years of substantial earnings under Social Security.

    Hi Reg…this writeup above is taken directly out of the SSA.gov website under the WEP section.

    In that very first bullet point, I was a federal worker (FDIC) hired after 1983; so it begs the question is WEP applicable to me because I currently receive SSDI. I became paralyzed back in 1983.

    Thank you Reg

    • If you were first hired after December 31, 1983, your CSRS Interim service was converted to FERS service when FERS went on line on January 1, 1987. If that’s the case, you aren’t subject to the WEP. The WEP only applies to the annuities of retirees who are receiving an annuity form a retirement system like CSRS where they didn’t pay Social Security taxes.

  2. Hi Reg….In the above description of applicability/non applicability;
    I was hired as a employee of the FDIC back in time 2001-2004 under the FERS program. I actually became a paraplegic in 1983 ( I read somewhere that If I became disabled before 1985 that this is an important window of opportunity for me if I wish to remain off of WEP) I no longer work because the disability is problematic. I currently receive SSDI and will soon be receiving disability benefits for the time that I taught as a teacher. I do not wish to have WEP affect my SSDI due to the fact that I’ll soon be receiving the teaching disability benefits. Does this help to paint a clearer picture of my situation ? Will I need to hire a social security expert to help me with this matter ? Every other site that I have been to i.e., SS.gov, OPM.gov, FedWeek.com, Eisneramperwmcb.com, FDIC.govAARP.org, SSA.gov/POMS/RS00605.362also see RS01901.340b all seem to point to a simple answer as such as in the first bullet point in mention ? Thanks Reg

  3. Hi Reg….In the above description of applicability/non applicability;
    I was hired as a employee of the FDIC back in time 2001-2004 under the FERS program. I actually became a paraplegic in 1983 ( I read somewhere that If I became disabled before 1985 that this is an important window of opportunity for me if I wish to remain off of WEP) I no longer work because the disability is problematic. I currently receive SSDI and will soon be receiving disability benefits for the time that I taught as a teacher. I do not wish to have WEP affect my SSDI due to the fact that I’ll soon be receiving the teaching disability benefits. Does this help to paint a clearer picture of my situation ? Will I need to hire a social security expert to help me with this matter ? Every other site that I have been to i.e., SS.gov, OPM.gov, FedWeek.com, Eisneramperwmcb.com, FDIC.govAARP.org, SSA.gov/POMS/RS00605.362also see RS01901.340b all seem to point to a simple answer as such as in the first bullet point in mention ? Thanks Reg

  4. I have heard that you can receive in certain situations a 80% disability ie; problems with your back, heart, head injury or loss of limb. I don’t know if it is for regular federal employees or federal employees who are law enforcement. Can you please address to the best of your knowledge.

    • While there are separate disability benefit rules for CSRS and FERS, they apply equally to all employees covered by those retirement systems. There is no provision for an enhanced benefit for certain disabilities nor for law enforcement officers and firefighters versus all other employees.

  5. As Reg stated, because you are FERS, WEP does NOT apply. However, I notice you mention you worked as a Teacher. Did you pay SS while you paid into that pension system? If not, if you only paid into Teacher’s Retirement (or whatever your system was called) without paying SS, then WEP will affect you. It affects anyone who receives a pension from a system where they did NOT pay SS. This affects many Teachers, Firefighters, Police, State workers, etc.

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