Q: My husband retired with a government pension based on work for which he did not pay Social Security taxes. If he should die before me, I will receive a monthly spousal annuity payment equal to 70 percent of his benefit. He was also eligible for Social Security benefits, and the amount was reduced because of his government pension. I have not worked long enough to receive a pension or Social Security benefits on my own record. Will I be entitled to Social Security benefits on my husband’s record? And how will those benefits be affected by the spousal annuity?
A: Yes, you would be able to receive a full Social Security survivor benefit based on your husband’s work record. The windfall elimination provision doesn’t apply to survivor benefits.