Public Law 103-296 provides that WEP will not apply in the computation of a Totalization
benefit payable for months after December 1994. Therefore, the WEP will not be applied
in any capping computation for months after December 1994. The WEP must be applied,
when applicable, for any months prior to January 1995. Where entitlement is established
prior to January 1995 and the WEP is applied in the capping computation, a recomputation
must be done to remove the WEP from the computation effective January 1995.
NOTE: This POMS section applies to months of entitlement prior to January 2024 only. The
Social Security Fairness Act (SSFA) of 2023 eliminated the reduction of Social Security
benefits under WEP as of January 2024. For more information, see RS
00605.360.