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Return to Article: Gone With the Windfall

• 92113
  

  I have paid into social security for over 40 years, even when the police did not withhold social security I worked other jobs that did. I have worked several years after police retirement where I also had paid in social security. I Emailed the President Obama where after several months emailed me back and said thank you for your view......although he never gave me his view on this subject as I asked for. I wrote him that in the past I put people in jail for less than what this windfall does....Legalized Theft.......

  Joe D Posted November 16, 2009 8:28 PM
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  I worked off and on for 8 years in both a school system that offered a retirement annuity and a restaurant. I became ill during that period and had surgery. It never kept me from working in my community to provide information and support to students seeking higher education, work, or skilled training. I was offered and accepted an active position in Washington D.C. After 6 years addition surgery involving vital organs, forced me to retire under a disability clause. My federal disability retirement was official in January 1981. At that moment I was just over age 50. When I turned 62 social security payments began. At the end of the year my accountant informed me that I would have to pay taxes on social security and my disability allowance.. I thought that I retired before the WEP was passed in 1983 I only worked 8 years why am I required to pay taxes on an act that didn't exist neither before nor shortly after I became a disabled retiree?

  Carole Hall Posted October 2, 2009 12:54 AM
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  I worked in Canada as a Canadian immigrant/Citizen for 23 years before moving into the U S and also getting naturalized in the U S. I became eligible to get the SS benefits in (2007, the 40 Qurters eligibility). Now that I applied for my S S benfits, they reduced my benefits under the WEP. How can this be justified? Is there any recourse or appeal? Can any one help me to resolve this in my favor?

  Narendra Utukuri Posted September 26, 2009 8:30 PM
• 87181
  

  If you really want to make a stink about it you can always protest but no one wants to take the time to do that right?

  Michelle Posted September 21, 2009 4:05 PM
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  I don't understand this either. When I joined federal service in 1980 there was no Windfall act. What they passed was not right because I payed into S/S way before this stupid act was passed. If I worked at GM and the State I would get 2 pensions. This is a double standard. They say this helps lower paid workers, well too bad how about the other group. This really sucks.

  Bubba Posted September 21, 2009 9:05 AM
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  I don't understand why you people are asking questions that go unanswered? If this website is meant to just vent, fine. But there are dozens of questions here with no answers! I don't understand??!

  herb Posted September 9, 2009 7:43 AM
• 77710
  

  I think it is highly unfair to not give me or others the hard earned money I/we put in the SS system in a previous job like so many other teachers in Ca.

  Why doesn't Ca. follow the other states that give the earned money to teachers and still give them their earned pension? We are teaching the future of our great country, don't the legislators see this?

  We didn't go into this rewarding profession to make big bucks. I just want what is fair.

  Kindly eleminate this old provision.

  margaret leo Posted May 16, 2009 4:30 PM
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  I have teacher friends in states not affected by the WEP who get their full SS plus their full state pension. Their SS benefits have not been reduced because they get a pension. I worked in a state that is covered by the WEP. Just give me my full SS that I earned. I know there were years that I did not pay in. I don't understand why my SS is reduced because of a pension and others in other states receive full SS benefits. What windfall?

  Judy Ferrari Posted May 14, 2009 9:57 AM
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  I work part time jobs under social security and have 33 credits as of my last statement. I also have almost 37 years under CSRS. Is the calculation of benefits on my SS statement with or without the windfall figured?

  Alexine M. Raineri Posted April 14, 2009 9:43 AM
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  Many of us in California were encouraged to consider teaching as a second career when there was a teacher shortage. When we were hired no one informed us of WEP. After 16 years with the Los Angeles Unified School District, I retired at age 69; only then did I find out that my SS benefits were reduced by 50%. Now I am stuck with a meager pension and the loss of 50% of the income I had counted on. THIS IS UNFAIR! I also do not understand how some states have WEP in place and others do not, when SS is a federal entitlement. Please explain this to me.

  Brigitte Rose Posted April 11, 2009 10:51 AM
• 68491
  

  What exactly does "eligible to retire by 12/31/1985" mean? Some retired police officers who were fully vested at that time were allowed an exemption by the SSA while others have been denied an exemption. The process seems hit or miss based on varying interpretations of eligibility to retire.

  Bill Jervis Posted February 8, 2009 3:57 PM
• 66392
  

  I am a CSRS to FERS transferee. As such, part of my pension will be under CSRS and part under FERS. If I retire but opt not to file for Social Security until after my full retirement age which is age 66 and then elect to file solely on my spouses record and not file on my own record, it is my understanding I would not be subject to WEP. Is my understanding of the SSA regulatiion correct?

  Ro Banner Posted January 13, 2009 8:06 PM
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  Anyone that does not see the windfall elimination as unfair and unjust does not understand.

  My PLANS and decision to work for the Feds was based on receiving the SS I had already earned plus the CS pension I would earn....

  Bill Clinton Posted January 7, 2009 10:54 AM
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  Because the government pays more for low income employees, the residual amount can be looked on as welfare. Welfare should be paid for by all. The wealthy do not get to share in this fully as they have no money taken out after a certain amount, now in the $100K range. More money could be obtained for the poor if we were to separate out this affect, get all welfare from taxes on earned income, not partly from Social Security, and then no one would complain about what they get back, federal or otherwise. If this is too complicated, then when collecting SS, collect zero above the current cutoff for regular benefits as is done now, but for this welfare part collect additionally on all wages. Please read this carefully.

  wesley darbro Posted December 22, 2008 9:24 AM
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  Currently drawing an annuity from Postal service,I am disabled.I have also 40 quarters in before the P.O. My Husband was on Social Security received 2 payments and passed on,I was under the impression since I was his widow I would collect his social security.along with my retirement from Po I worked their 22 years with all my doctor bills,percriptions,I have little money left cant even get a apartment.Does anyone read these posts and answer you questions.

  deborah walker Posted November 24, 2008 11:21 PM
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  What nobody seems to understand is that if you worked for the government for 20 years and paid a FULL share into their MANDATORY retirement system and you worked for 20 years and paid a FULL SHARE into the MANDATORY social security system, then you should be ENTITLED to a FULL SHARE of your rightfully earned social security benefits!!! We have been fighting this with our congressmen and senators, but no one cares because they are waiting for all of us to DIE!!! Start speaking up now if you are also affected by this.

  Sharyn Migdol Posted November 7, 2008 1:49 PM
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  What nobody seems to understand is that if you worked for the government for 20 years and paid a FULL share into their MANDATORY retirement system and you worked for 20 years and paid a FULL SHARE into the MANDATORY social security system, then you should be ENTITLED to a FULL SHARE of your rightfully earned social security benefits!!! We have been fighting this with our congressmen and senators, but no one cares because they are waiting for all of us to DIE!!! Start speaking up now if you are also affected by this.

  Sharyn Migdol Posted November 7, 2008 1:42 PM
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  I worked under S.S. for 15 years.. then under SERS for the schools for 10. Then I became disabled. Quess what..lost over 50% of my income. Now I am 62 and will get less than half of the SS. I earned. Enough is enough. We paid this money...we want this money. I am 62 and can barely support myself. Will either move in with kids or lose my home.

  Sandy Posted September 28, 2008 4:28 PM
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  I'm the wife of a CSRS federal retiree. He also qualifies for Social Security. His Social Security payment is reduced by WEP. Since I will be getting Social Security based on his earnings (I don't qualify in my own right), will the amount I receive be based on the pre-WEP amount or on the amount that has been reduced by WEP?

  Wife of CSRS retiree Posted August 26, 2008 11:15 PM
• 56760
  

  Does the WEP apply to only a few states? Why? What are the states?

  willette sanders Posted August 19, 2008 10:16 PM
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  I retired Aug 07. SS told me I would receive $300+ per month. In Feb 08 SS told me they overpaid me and was suspending my monthly amount until they recouped what I owed. It took SS 5 months to kick in WEP on me eventhough they were notified months in advance and talking with a counselor about WEP and was told it had been taken into account. I will not receive anything now until Jul 08 and it will now be $100+ per month. Needlessly to say, I have gone back to work part time to make up the difference that was quoted to me before I retired.

  Alice Alton Posted May 30, 2008 9:45 AM
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  Under the WEP & GPO the Social Security has been eliminated for me. I worked and paid into a Social Security program that made me false promises in my younger years, and now the rug was pulled out from under me. I cannot even collect one thin dime as a widow, if my husband of 32 years predeceases me, because I receive $1,170 per month annuity from CSRS. And I will be doing well to be able to squeeze $130 per month out of the social security department after the 40% reduction in the benefits I would have received from my own contributions before going to work as a government employee. This numbers game is quite an injustice to many of us. If it weren't for the GPO, I would be able to get $765 per month as spousal survivor, but the GPO completely wipes out every penny of that. It would have been hard enough to live without him, even before this slap in the face.

  Betty Yake Posted May 27, 2008 5:06 PM
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  I have heard that only a few states are affected by the Windfall Elimination Provision. Is that true, and if so, can you please tell me which ones are?

  K Fisher Posted February 18, 2008 4:31 PM
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  I worked 23 years paying into SS system and the last 5 years 3 mnths at a County job before becoming permanently disabled. Now I am told that I cannot collect SSDI due to the $5,396 paid to PERS, And my SS will be cut by 60%...but not enough years with PERS to collect anything, WTF!

  Leslye Joseph Posted January 7, 2008 7:31 PM
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  I am a retired E-6, U.S. Navy. If I want to retire from TSA will I still be able to draw my military pension? Also while working at TSA is there any offset, in other words if I am being paid at TSA will there be any reduction of my pension for doing this. I only get $1,400 a month which I share with an EX. IF there is an offset it is not worth it for me to join TSA.

  Rick Grant Posted December 18, 2007 9:01 PM
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  According to your article, I belong to WEB exempt category - I was hired March, 1986 and have always been covered under FERS with 21 years service.

  I plan to retire at end of this year (12/31/2007) as I am reaching 65 in Dec. So I went to apply for SS. Now I have to delay my retirement and continue working because 21 years TRICARE coverage does not qualify me to participate in FEHB after I retire unless I enroll in a FEHB and be effective before the date I retire (then I can suspend it any time to use TRICARE again - what a contradictory rulings). The SS booklet I received stated: "You can continue working while receiving SS benefit. However, your benefit will be reduced if your earnings exceed certain limits"

  "In the year you reach your full retirement age (65 plus 10 months), your benefit will be reduced $1 for each $3 you earn above the annual limit (for 65 the 2007 limit is 34,440)". This means if I work for more than 4 months next year, I will not receive any SS benefit until 6 month later when I reach 65+10. Isn't this WEB?

  Jenny Chen Posted October 31, 2007 2:19 PM
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  I have been a CSRS employee since 1981. I know that my Social Security benefit will be decreased because of the windfall act. My question is this. I was married for over 10 years to a man that paid into social security for over 30 years. I am told that since I was married for over ten years and then divorced that I would be able to collect on his social security benefits if they are higher than mine. Does the windfall act affect this? Will I be able to draw the full amount of the benefits that I would have received or will they be reduced or completely eliminated by the Windfall act?

  Sandra K Willis Posted October 26, 2007 12:34 PM
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  I am a federal employee under CSRS and I am eligible to retire within a year. My husband passed away a year before he was able to collect Social Security. He spent 30 years in the Navy plus various jobs before and after his Navy career. Because I will have a government pension I will be unable to collect anything from his Social Security. It just doesn't seem fair that all the money he contributed to Social Security goes to someone else. It will not be easy for me in the near future to make ends meet. I will have to continue to work because I will be unable to collect the full amount of my own Social Security due to the Windfall Act. So it seems, that being a federal employee under CSRS sets you up to be screwed by the government that you have faithfully worked for.

  A. Huber Posted October 11, 2007 10:01 AM
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  I'm a federal employee under CSRS and will retire within the next seven years. My husband is 20 years older than am and currently receives a social security check each month. Is it true that if he dies before I do, I will not be eligible to receive any portion of his current social security check because of the fact that I'm a federal employee?

  Terry Hines Smith Posted August 9, 2007 11:33 AM
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  After teaching for 35 years in some of the finest international schools, most of which did not offer social security options, I find my pension is a pittance and now social security is cutting it by half because I put something away with the Teachers Insurance and Annuity Association. I can't make out why that means I should suffer a cut in social security. I need a pro bono lawyer to help me fight the $2,000 overpayment refund social security wants because of their own error. When ex-Congressmen are still receiving ten times my pension despite being convicted felons, I find this situation a rank injustice, and one that should be fought despite the high levels of frustration and anxiety. I'm 67 years old but must now go back to work to make ends meet. I'd like to warn all overseas teachers to push for coverage so they don't get pushed out empty-handed.

  mary charity kruger stein Posted June 26, 2007 6:51 AM
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  I am a 68 FERS FERCA victim with over 30 years of Substantial Social Security Earnings eligible to select CSRS-Offset (I must choose by Jan. 1, 2007) I am receiving Social Security benefits and still working. A small portion of my federal work was covered under CSRS prior to my return to federal service. My spouse will be collecting from my Social Security. The FERCA OPM counselor's estimate shows ($12,000) Off-Set reduction of my CSRS-OFFSET pension. Since, I have more than 30 years of substantial Social Security earnings, which may not have been taken into account in the calculation, should I not be exempt from the offset?

  If my pension is reduced by the offset, does that mean my spouse's CSRS-Offset survivor benefit will be based on my reduced amount or on the amount before offset reduction? If I choose CSRS-offset, will my spouse collect survivor benefits on half of my full Social Security as well as half of my CSRS-Offset (with no reductions on either)? I will have between 21-25-years of federal service depending on paying back withdrawn funds to get service credit (do I need to redeposit / deposit-money taken out prior to my return to government or can this be taken out of my retirement annuity? Will my survivor have to continue paying it back from his survivor annuity or will payback stop when I die? I have always contributed the limit to TSP plus catch-up contributions. Given my age and that I would have to return agency contributions plus interest ($140,000) is it worth it for me and my spouse to choose the CSRS-OFF set option over FERS? Thank you.

  GovExec.com reader Posted November 20, 2006 2:26 PM
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  If my wife predeceases me and she had a retirement from PERA (a governmental retirement program exempt from Social Security), do my survivor benefits from PERA affect my Social Security benefits that I earned on my own?

  The Windfall Provision only affects the person who earned the government pension (in this case, your wife). Your own Social Security benefits will not be reduced.

  Does the Windfall Elimination Provision affect a surviving spouse's earned Social Security benefits?

  If you receive a survivor's annuity in the event that your wife predeceases you, this will not reduce your own Social Security benefits either.

  Tammy Flanagan Posted September 28, 2006 5:08 PM
• 18646
  

  I can't get a straight answer from Social Security on a question I asked three times by e-mail. They keep sending me information that has nothing to do with my question. If my wife predeceases me and she had a retirement from PERA (a governmental retirement program exempt from Social Security), do my survivor benefits from PERA affect my Social Security benefits that I earned on my own? Does the Windfall Elimination Provision affect a surviving spouse's earned Social Security benefits? Social Security cannot answer this question.

  GovExec.com reader Posted September 11, 2006 10:22 AM
• 18603
  

  I have worked in the private industry for 25 years and have paid Social Security for all these years. I have been employed with the federal government for 24 years. I now found out that I will be hit with the Windfall and my Social Security will be cut. This is unfair.

  GovExec.com reader Posted September 7, 2006 7:10 AM
• 18537
  

  This is in response to the comment that the WEP fact sheet says that CSRS Offset employees are exempt from the Windfall. After reading the following paragraph from the fact sheet...

  "For example, this provision affects Social Security benefits when any part of a person's federal service after 1956 is covered under the Civil Service Retirement System (CSRS). However, federal service where Social Security taxes are withheld (Federal Employees' Retirement System or CSRS Offset) will not reduce your Social Security benefit amounts."

  I can see how you would think that CSRS Offset employees are exempt, but this isn't what it says... read the first sentence: "any part of a person's federal service..." It follows by saying that when Social Security is withheld from a federal salary (i.e. CSRS Offset) that this will not reduce Social Security benefit amounts... but it doesn't say that this will exempt you from the Windfall. Sorry.

  Tammy Flanagan Posted September 1, 2006 9:17 PM
• 18533
  

  There are a large number of retired military in TSA drawing down full retiremnt benefiets and hefty salaries. Retired Federal employees are on 5 year contracts w/ TSA and are being booted out as we speak. I am hard pressed to see how retired military are any different than the retired Federal employees, and they are not considered to be double dipping. A majority of these are pulling down close to 200K with this non-double double dipping.

  sand Posted September 1, 2006 3:37 PM
• 18531
  

  I hope that something will be done to help us that are eligible to receive Social Security. I have all my credits for SS and I am also a widow eligible for spousal benefits. I am a Federal employee eligible for retirement, bur can't afford to retire because of the low wages which will make my annuity very low and with no SS to supplement my income will make it very hard for me to survive.

  GovExec.com reader Posted September 1, 2006 11:50 AM
• 18530
  

  Your article, Gone with the Windfall, states that many retirees under CSRS and CSRS Offset will be subject to the Windfall Elimination Provision. The article, however, contains a link to Social Security's WEP fact sheet which states that those persons under CSRS Offset (and FERS) will not experience a reduction in Social Security benefits since they pay into Social Security.

  Question: Is a person under CSRS subject to or exempt from the Windfall Elimination Provision isnofar as their Social Security entitlement is concerned?

  Thank you.

  Robert W. Connolly Posted September 1, 2006 10:09 AM