Effective Dates: 12/23/2024 - Present

Identification Number:
EM-24067
Intended Audience:All RCs/ARCs/ADs/FOs/TSCs/PSCs/OCO/OCO-CSTs/OHO/OARO/WSUs
Originating Office:DCO OPSOS
Title:Elimination of Windfall Elimination Provision (WEP) and Government Pension Offset (GPO)
Type:EM - Emergency Messages
Program:Title II (RSI)
Link To Reference:See Reference at the end of this EM
 

Retention Date: 6/23/2025
Summary:
This Emergency Message (EM) provides instruction on how to reply to inquiries regarding the Social Security Fairness Act, HR 82 eliminating WEP and GPO. The House passed this bill and sent it to the Senate, which approved the bill on Saturday, December 21, 2024. As of this writing, the bill is awaiting action by the White House to sign the bill into law.


A. Purpose
    This Emergency Message (EM) addresses the Social Security Fairness Act, HR 82 eliminating WEP and GPO. We expect to receive public inquiries regarding the passage of this legislation and when we will be able to implement the changes removing the reduction of benefits for many beneficiaries.
B. Background
    GPO and WEP were enacted in 1977 and 1983, respectively. The provisions were intended to equalize the Social Security benefit formulas for workers (and their dependents and survivors) with similar earnings histories, whether those earnings were inside or outside of the Social Security system. This new legislation repeals Social Security’s GPO and WEP, two provisions which reduced Social Security benefits to employees who did not pay into Social Security on some or all their earnings, and who are receiving a pension from that work in lieu of Social Security.

      · GPO - The Social Security amendments of 1977 (P.L. 95-216) include an offset provision to reduce the Social Security spouse's benefit of workers who receive a federal, state, or local pension based on earnings from non-covered government employment. The Government Pension Offset (GPO) applies to a spouse's Social Security benefit for any month the spouse receives a pension based upon his or her own government employment not covered under Social Security. Refer to GN 02608.100B for the definition of a spouse for GPO purposes.
      · WEP - The Social Security Amendments of 1983 (P.L. 98-21) include a provision that reduces the Primary Insurance Amount (PIA) for a wage earner who is entitled to Social Security retirement or disability benefits and a pension based in whole or in part on their own earnings from employment not covered by Social Security. The Windfall Elimination Provision (WEP) modifies the PIA.

    C. Handling Inquiries from the Public
      If you receive questions from the public about the elimination of WEP and GPO, before the Social Security Fairness act, HR 82, is signed into law:
        Please advise them that, “the Social Security Fairness act, HR 82 concerning Windfall Elimination Program and Government Pension Offset has not been signed into law. It would eliminate the reduction of Social Security benefits while entitled to public pensions. At this time, the Social Security Administration is evaluating how to implement it if it is signed into law. We will provide more information on our website, ssa.gov as soon as it is available. If you are already entitled, you do not need to take any action at this time except to verify that we have your current mailing address and direct deposit information. If you are receiving a public pension and are now interested in filing for benefits, you may file online at ssa.gov or schedule an appointment.”
      If you receive questions from the public about the elimination of WEP and GPO, after the Social Security Fairness act, HR 82, has been signed into law:

        Please advise them that, “the Social Security Fairness act, HR 82, concerning Windfall Elimination Program and Government Pension Offset, eliminates the reduction of Social Security benefits while entitled to public pensions. At this time, the Social Security Administration is evaluating the law and how to implement it. We will provide more information on our website, ssa.gov as soon as it is available. If you are already entitled, you do not need to take any action at this time except to verify that we have your current mailing address and direct deposit information. If you are receiving a public pension and are now interested in filing for benefits, you may file online at ssa.gov or schedule an appointment.”

      REMINDER: If the contact with the public meets the requirements for a protective writing shown in GN 00204.010B, including intent to file, record the protective filing date in the Enhanced Leads and Appointment System (eLAS) and schedule an appointment to file for benefits following normal procedures.

    Direct all program-related and technical questions to your Regional Office (RO) support staff using vHelp or Program Service Center (PSC) Operations Analysis (OA) staff. RO support staff or PSC OA staff may refer questions, concerns, or problems to their Central Office contacts.

    References:
    RS 00605.360 Windfall Elimination Provision
    GN 02608.100 Government Pension Offset (GPO) Provision
    EM-24067 - Elimination of Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) - 12/23/2024