TN 27 (05-99)

RS 00605.367 Chart on WEP Development

A. Procedure - determining applicability

Follow the steps below to determine if WEP applies:

STEP ACTION

1.

Is the claimant filing for a retirement or disability benefit?

 
  • If Yes, go to STEP 2.

 
  • If No, WEP does not apply.

2.

Is the claimant first eligible after 1985 for the Social Security retirement or disability benefit?

 
  • If yes, go to STEP 3.

 
  • If no, WEP does not apply.

3.

Is the claimant exempt based on a prior period of disability per RS 00605.360D.3.?

 
  • If yes, WEP does not apply. Code MBR with WEP exclusion “B.”

 
  • If no, go to STEP 4.

4.

Is the claimant entitled or will be entitled to a pension that is based in whole or in part on non-covered employment after 1956 per RS 00605.362B?

 
  • If Yes, go to Step 5.

 
  • If No, WEP does not apply. Code MBR with WEP exclusion “B.”

5.

Is the claimant eligible for the exception based on employment per RS 00605.362A.2.?

 
  • If Yes, WEP does not apply. Code MBR with WEP exclusion “C.”

 
  • If No, go to Step 6.

6.

Is the claimant eligible for the exception based on military reserve service per RS 00605.383?

 
  • If Yes, WEP does not apply. Code MBR with WEP exclusion “G.”

 
  • If No, go to Step 7.

7.

Is the claimant eligible for the exception based on having 30 years of coverage per RS 00605.362A.1.?

 
  • If Yes, WEP does not apply. Code MBR with WEP exclusion “A” .

 
  • If No, complete Form, SSA-150 and go to Step 8.

8.

Is the claimant eligible for the exception based on a totalization agreement per RS 00605.386?

 
  • If Yes, WEP does not apply. Complete Form SSA-308 and code MBR with WEP exclusion “O.” Annotate “Special Message” field that WEP exclusion due to totalization agreement.

 
  • If No, go to Step 9.

9.

Is the claimant receiving the pension in other than a monthly amount?

 
 

B. Procedure - Determining how WEP is applied

Follow the steps below to determine how WEP is applied:

STEP ACTION

1.

Is the claimant entitled to the pension at the time of filing for Social Security?

 
  • If Yes, follow instructions per RS 00605.366C and go to STEP 2.

 
  • If No, diary for date of concurrent entitlement per RS 00605.366A.2.

2.

Is the claimant eligible for the phase-in based on age?

 
 
  • If No, go to STEP 3.

3.

Is the claimant eligible for the partial exception based on having 21-29 years of coverage?

 
 

C. Procedure - determining applicability of guarantee

Does the guarantee apply per RS 00605.370?

  • If yes, verify the pension amount per RS 00605.370.

  • If no, accept the claimant's allegation regarding the pension amount and document the file per RS 00605.370.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0300605367
RS 00605.367 - Chart on WEP Development - 08/19/2013
Batch run: 06/01/2018
Rev:08/19/2013