Use the step-action chart below to determine if WEP applies when the claimant is filing
for a retirement or disability benefit, and is entitled to a pension based in whole
or in part on non-covered employment after 1956. Pensions from non-covered employment
outside the United States include both pensions from social insurance systems that
base benefits in whole or in part on earnings and those from private employers. Some
foreign countries provide pensions based solely on residence or citizenship. We do
not apply WEP to foreign pensions based solely on residence or citizenship (GN 00307.290).
For information about pensions based solely on domestic or foreign employment prior
to 1957, see RS 00605.362B.
If the worker is entitled to spouse's or survivor's benefits on another social security
number, Government Pension Offset (GPO) may apply. For more information about GPO,
see GN 02608.100.
| Step |
Action |
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|
Is the claimant first eligible for a Social Security retirement or disability benefit
after 1985?
For additional pre-1986 eligibility requirements for disability benefits, see RS 00605.360D.
-
-
•
If No, do not continue with steps. WEP is only applicable when eligibility to Social
Security retirement or disability benefits is after 1985.
|
| 2. |
Is the claimant first eligible for a retirement or disability pension before 1986,
per RS 00605.360C?
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•
If Yes, WEP does not apply. Enter WEP exclusion 2 in the Windfall Elimination Exclusion
(WEPX) screen. For information about the WEPX screen, see MS 02004.002. To develop
options for early-out or discontinued service prior to 1986, see RS 00605.362C.
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|
| 3. |
Does the claimant have 30 years of coverage (YOC), per RS 00605.362A?
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•
If Yes, WEP does not apply. Enter WEP exclusion 1 in the WEPX screen.
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|
| 4. |
Did the claimant have a prior period of disability as described in RS 00605.360D.3?
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•
If Yes, WEP does not apply. Enter WEP exclusion 9 in WEPX screen and specify "Prior
period of DIB eligibility before 1986."
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|
| 5. |
Is the claimant entitled to a pension from a non-profit organization, per RS 00605.362B.2?
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•
If Yes, WEP does not apply. Enter WEP exclusion 4 in WEPX screen.
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|
| 6. |
Is the claimant entitled to a pension based on earnings under the Railroad Retirement
Act, per RS 00605.362B.3?
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•
If Yes, WEP does not apply. Enter WEP exclusion 8 in WEPX screen.
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|
| 7. |
Is the claimant entitled to a pension based on military service, per RS 00605.383B?
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•
If Yes, WEP does not apply. Enter WEP exclusion 6 in WEPX screen.
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|
| 8. |
Does the claimant meet the criteria based on a totalization agreement, see RS 00605.386B?
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•
If Yes, WEP does not apply. Enter WEP exclusion 7 in WEPX screen. When the Master
Beneficiary Record (MBR) is established, add a special message to the beneficiary's
MBR via Miscellaneous Online Edited Transactions (MONET). The special message should
read "Totalization Agreement." For information about the Special Message data on the
MBR, see MS 06307.008.
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