QUESTION
               For determining the applicability of the Government Pension Offset (GPO) provision
                  of the Social Security Act (Act) to widow’s insurance benefits (WIB) for the number
                  holder, you have asked whether Florida’s Deferred Retirement Option Program (DROP)
                  is separate from Florida’s defined benefit plan, the Florida Retirement System Pension
                  Plan.
               
               OPINION 
               Florida’s DROP is a part of Florida’s defined benefit plan.
               BACKGROUND
               According to the information provided, Sheila, the number holder (NH), applied for
                  WIB in June 2000. The Social Security Administration (SSA) awarded NH WIB beginning
                  July 2000. In her application, NH had stated she was eligible for a pension from earnings
                  not covered by Social Security. SSA requested information about her pension plan.
                  After NH did not respond to the SSA’s requests for information, SSA suspended her
                  WIB in September 2005. NH also had become eligible for Medicare Part B benefits beginning
                  July 2002, but after SSA suspended NH’s WIB, she was billed quarterly for her Medicare
                  Part B benefits.
               
               In June 2013, NH’s Medicare Part B benefits were terminated because her premium was
                  unpaid. She then visited her local Social Security office requesting reinstatement,
                  and SSA asked her to provide documentation regarding her pension plan. NH provided
                  information showing she participated in a DROP through the State of Florida. SSA determined
                  NH had earnings covered by Social Security in her last month of employment.
               
               DISCUSSION
               The widow of an individual who died fully insured is entitled to WIB based on the
                  deceased individual’s primary insurance amount, provided the widow meets certain criteria.
                  See Act § 202(e)(1)-(2); 20 C.F.R. §§ 404.335, 404.338(a). [1] However, a widow’s benefit may be reduced if her benefit is subject to the GPO in
                  section 202(k)(5) of the Act. See Act § 202(e)(2)(A); 20 C.F.R. §§ 404.304(e), 404.408a; Program Operations Manual
                  System (POMS) GN 02608.100. The GPO generally applies to a widow’s benefit who receives
                  a government pension based on her state or local government service in a position
                  not covered by Social Security. See Act § 202(k)(5); 20 C.F.R. § 404.408a(a); POMS GN 02608.100A.1. If applicable, the
                  GPO reduces the widow’s benefit in any month for which she receives a pension based
                  on her earnings from government service in a position not covered under Social Security.
                  See Act § 202(k)(5)(A); 20 C.F.R. § 404.408a(a); POMS GN 02608.100A.1.
               
               Under certain circumstances, a widow’s benefit may be exempt from the application
                  of the GPO. See Act § 202(k)(5)(A)-(B); 20 C.F.R. § 404.408a(a), (b); POMS GN 02608.100A.1. One exemption is the “Last Day of Employment Covered Under Social Security and State
                  or Local Periodic Government Benefits” (“last day” exemption). See POMS GN 02608.102. Currently, the Act’s GPO provision requires that state and local government workers’
                  employment be covered by Social Security throughout their last sixty months of employment
                  to be exempt from the GPO.  See Act § 202(k)(5)(A). However, this provision took effect through a legislative amendment
                  that Congress enacted in 2004. See Social Security Protection Act of 2004, 108 Pub. L. No. 108-203, 118 Stat. 493 (amending
                  Section 202 of the Act). Before that amendment, state and local government workers’
                  pensions were exempt from the GPO if their “last day” of employment was in a position
                  covered by Social Security. See POMS GN 02608.102A.1. Thus, the GPO does not apply if, on the widow’s last day of
                  state or local government service, she was: (1) in a position covered under Social
                  Security and by the state or local government pension plan; and (2) either performed
                  her last day of covered government employment prior to July 1, 2004, or filed for
                  WIB before April 1, 2004, and was entitled to WIB based on that filing. See POMS GN 02608.102B.1.
               In this case, the information provided shows that NH participated in Florida’s DROP.
                  A DROP is a retirement plan offered to employees who are eligible to retire and receive
                  benefits under the employer’s defined benefit retirement plan [2] but continue to work while the state employer places their retirement distributions
                  into a DROP account. See POMS GN 02608.102B.3.a. Continued work does not increase the years of service and compensation used in the
                  defined benefit formula. Id. DROPs can take many forms and can be either a separate plan or part of the defined
                  benefit plan.  See POMS GN 02608.102B.3.a. If the DROP is part of the defined benefit retirement plan, the “last day” exemption
                  from GPO applies to the payments from both the DROP and the defined benefit retirement
                  plan. See POMS GN 02608.102B.3.b. If the DROP is a separate pension plan, the “last day” exemption applies only to
                  the pension plan that the individual was participating in on the last day of government
                  service that qualifies for the “last day” exemption. See id.
               SSA determined that NH had earnings from a position covered by Social Security during
                  the last month of her employment in the DROP program. Her last day of employment with
                  the state was before July 1, 2004, and she applied for benefits prior to April 1,
                  2004. Thus, it appears the GPO does not apply to NH’s DROP benefits due to the “last
                  day” exemption. See POMS GN 02608.102B.1. However, you have asked us whether Florida’s DROP is separate from the state’s defined
                  benefit plan. The answer to this question can determine whether NH’s benefits from
                  the defined benefit plan also qualify for the “last day” exemption to GPO. See POMS GN 02608.102B.3.b. [3]
               Florida statutes designate the Florida Retirement System (FRS) Pension Plan as the
                  state’s defined benefit plan. See Fla. Stat. Ann. § 121.021(3) (2014). Florida’s DROP
                  is a “program under which an eligible member of [FRS] may elect to participate.” See
                  Fla. Stat. Ann. § 121.091(13) (2014). Under Florida’s DROP, a participating member’s
                  monthly FRS benefits are deferred and accrue in the FRS on behalf of the member. See id. A member who participates in DROP “is a retiree under [FRS] for all purposes,” with
                  limited exceptions not relevant to this opinion. See Fla. Stat. Ann. § 121.091(13)(b)3. This statute defines participation in DROP equal
                  to participation in the defined benefit plan. Therefore, the DROP is part of the defined
                  benefit plan.
               
               The FRS website also indicates that Florida’s DROP is part of the defined benefit
                  plan. The website explains that an eligible member of FRS may elect to participate
                  in DROP, during which time the member’s retirement benefits are deferred until the
                  employee stops working. See http://www.myfrs.com/portal/server.pt/community/pension_plan/233/drop (last visited Mar. 10, 2014). The website links to a brochure published by FRS that
                  states DROP allows employees to “effectively retire” under FRS while delaying their
                  termination. See https://www.rol.frs.state.fl.us/forms/drop-guide.pdf (last visited Mar. 10, 2014). Therefore, Florida’s DROP is part of the FRS pension
                  plan for the purposes of determining the applicability of the GPO “last day” exemption.
               
               CONCLUSION 
               Florida’s DROP is part of Florida’s defined benefit program.
               Sincerely,
               Mary Ann Sloan
               Regional Chief Counsel
               By _____________
               Jeffrey S. Wilson
               Assistant Regional Counsel