Effective Dates: 09/12/2025 - Present Previous | Next

TN 62 (09-25)

GN 02608.101 Exemption Due to Application Filed Before December 1, 1977

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 GPO as of January 2024. For more information, see GN 02608.100.

A. Application filed before December 1, 1977

The Government Pension Offset (GPO) does not apply to spouse's benefits if the spouse's application:

  • •

    was filed before December 1, 1977; and

  • •

    the first month of entitlement was before December 1, 1977.

B. Applying GPO for prior entitlement

1. Entitlement is continuous

Do not apply GPO under the following conditions:

  • •

    We based the spouse's prior entitlement upon an application the claimant filed before December 1, 1977 and

  • •

    We do not require a new application for current entitlement (i.e., conversion cases).

2. Prior entitlement terminated

Apply GPO under the following conditions:

  • •

    We based a spouse's prior entitlement upon an application the claimant filed before December 1, 1977, entitlement terminated and

  • •

    We require a new application (filed after November 30, 1977) for current entitlement on the same or different social security number.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202608101
GN 02608.101 - Exemption Due to Application Filed Before December 1, 1977 - 09/12/2025
Batch run: 09/12/2025
Rev:09/12/2025