Q. My mom is 55 and has been receiving Social Security for over 30 years. She and my dad were married for over 10 years. My dad recently passed away at age 70 after having a stroke and retiring five years ago. The only income he received was from Social Security. Is my mom eligible to receive survivors benefits and also keep her benefits or would she have to pick one or the other? A. As a rule, she would receive the larger of the two benefits. However, the rules are complicated, so she should talk to a representative in…
Browsing: Survivor benefits
Q: My brother-in-law recently died and his wife, a retired federal worker, applied for survivor benefits at the Social Security Administration. She was advised that since she is receiving a federal retirement she is not eligible to receive any survivor benefits. I searched this site and others and have been unable to find an exact case. This response from the Social Security Administration seems bizarre. A: She was affected by the government pension offset provision of law. The GPO reduces the Social Security spousal or survivor benefit of anyone who is receiving an annuity from a retirement system where he…
Q: My mother started with the U.S. Postal Service in 1974. Due to health issues, she retired on disability (not based on age or years of service) with her annuity commencing in September 1992. Her husband died in March and was receiving Social Security. When she applied for survivor benefits, it took almost three months for the Office of Personnel Managment to get back to Social Security and we were told even at that point they did not provide the information originally requested. Social Security made the decision that the survivor benefits fell under the windfall elimination provision. We are…
Q: If an widow is receiving survivor benefits through the Civil Service Retirement System and she remarries, do her benefits stop? A: Yes, if she remarries before age 55. However, if that marriage ends in annulment or divorce, the survivor annuity can be reinstated.
Q: My husband recently began receiving Social Security in addition to his military retirement. I will be retiring under the Federal Employees Retirement System within the next couple of years and want to know whether there is a limit to what a “family” can receive in Social Security, or will both of us be allowed our benefits without regard to what the other is receiving? If my husband passes away, will I receive a portion of his Social Security in addition to my own? A: Both of you will be able to receive the Social Security benefit you earned based…
Q: I understand that because I am a Civil Service Retirement System retiree, if my spouse should die I cannot get any of his Social Security. At one time I heard there was a law Congress was trying to pass to reverse this. Can you please explain this to me and let me know if there is anything being done about this law? A: Because you will be receiving an annuity from a retirement system in which you didn’t pay Social Security taxes, you will be subject to the government pension offset provision of law. The GPO will reduce any…
Q: My wife and I are both 30-year Civil Service Retirement System employees. We have attended several retirement seminars and hear differing views as to whether we should both choose full survivor benefits at time of retirement. Is there a general rule of thumb, or does it depend on what the surviving spouse feels they could live with? A: Let’s begin at the beginning. Both of you are required by law to provide a full survivor annuity to your spouse unless you agree in writing to provide less than that (or nothing at all). As you suspected, there is no…
Q: I am trying to help my dad find answers to a letter he received from the Social Security Administration which states that it is stopping his widower’s benefits after 13 years. He receives a government pension. He is given the option to appeal; does he have grounds, or is this a change in law that he must accept? A: Because you haven’t given me much to go on, I’m going to have to guess that your father’s Social Security survivor benefit was affected by the government pension offset provision of law. The GPO reduces that benefit for anyone who…
Q: My wife died 13 years ago. How do I assign my survivor benefits to my common-law wife? A: You can submit new designation-of-beneficiary forms: SF 2823 for Federal Employees Group Life Insurance; SF 2808 for the Civil Service Retirement System or SF 3102 for the Federal Employees Retirement System survivor annuity; and TSP-3 for your Thrift Savings Plan investments (available on the TSP website). Some of these benefits may only be available in a state that recognizes common-law marriages. Check with an attorney to make sure that your state is one of them.
Q: My husband was previously married, and a portion of his retirement was going to his ex-wife. After we married, I signed a paper giving her the full annuity if he were to pass away. My husband has since passed away, and she is now receiving the full amount. As per the papers I signed, if she passes away before me I am to receive the full amount. If she were to pass away, who do I contact, or will they contact me? A: Because your original paperwork specified that you would receive the full survivor annuity if your husband’s…