A year after the Social Security Fairness Act, some retirees are still waiting for full benefits

On Jan. 5, 2025, President Biden signed the Social Security Fairness Act (SSFA) into law, repealing two onerous Social Security provisions: the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO) – or the “Evil Twins,” as the late columnist Mike Causey dubbed them. The law restored full Social Security benefits to millions of retired public service workers, including federal retirees covered by the Civil Service Retirement System.

Although federal employees who paid into the Civil Service Retirement System were exempt from FICA taxes, many had worked in Social Security-covered employment before, after, or even during their federal employment, as well as serving in the military, where FICA taxes have been paid since 1957. The SSFA also restored spousal and widows’ benefits previously reduced by the GPO.

The SSFA is retroactive to Jan. 2024, meaning Dec. 2023 is the last month the WEP and GPO applied. This was welcome news for millions of public servants who had been receiving reduced retirement benefits and often were prevented from receiving spousal and widows’ benefits. However, some individuals are not entitled to retroactive payments. Those who have not applied for Social Security retirement benefits yet will not see the impact of this law until they begin receiving benefits.

Some individuals eligible for spousal and widows’ benefits before Jan. 2024 have been denied retroactive benefits because of when they previously inquired. They were told benefits would only be applied six months before the date of application. Many see this as inconsistent with the intent of the SSFA.

Survivors’ benefits

As a surviving spouse, you may be able to receive full benefits (up to 100% of the deceased spouse’s benefit amount) at your full retirement age. The full retirement age for survivors born from 1945 through 1956 is 66. It increases gradually for those born from 1957 through 1962. For anyone born in 1962 or later, full survivors’ benefits are payable at age 67. This differs from the full retirement age for retirement benefits, which is 67 for people born in 1960 or later.

A surviving spouse can get reduced benefits as early as age 60. If your surviving spouse has a disability, benefits can begin as early as age 50. For more information on survivors’ benefits, visit www.ssa.gov/survivorplan.

To qualify for Social Security widow’s benefits in addition to benefits payable at age 60, other requirements include:

• Must be age 60 or older

• Any age if caring for dependent children under 16 or receiving Social Security disability benefits

• Former spouses who were married to the worker for at least 10 years and meet one of the above requirements

A spousal benefit payable while the worker is alive can be as much as half of the worker's primary insurance amount, depending on the worker's age at retirement. If a spouse begins receiving benefits before normal retirement age, the benefit is reduced. However, if a spouse is caring for a qualifying child, the spousal benefit is not reduced.

If a spouse is eligible for a retirement benefit based on his or her own earnings and that benefit is higher than the spousal benefit, only the earned retirement benefit will be paid. A spouse can retire as early as age 62, but doing so may result in a benefit of as little as 32.5% of the worker's primary insurance amount.

Spousal benefits

Requirements to qualify for Social Security spousal benefits include:

• The worker must file for retirement benefits for the spouse to be eligible for a benefit based on the worker's earnings

• Spouse must be at least age 62, or any age if caring for dependent children under 16 or receiving Social Security disability benefits

• Former spouses who have not remarried and were married to the worker for at least 10 years may also qualify

Spouses, surviving spouses, and former spouses are subject to an earnings limit that can reduce or terminate benefits until they reach full retirement age, when the limit no longer applies, or when earned income falls below the annual earnings limit ($24,480 in 2026).

To clarify eligibility for the repealed WEP and GPO, Social Security published FAQs at https://www.ssa.gov/benefits/retirement/social-security-fairness-act.html, explaining how to claim spousal and widow benefits and unreduced personal benefits.

NARFE member example

Mike Teefy, president of the Vancouver chapter of the National Active and Retired Federal Employees Association (NARFE) and a retired SSA employee, shared a story from a member named Charles. It highlights perceived inequities in benefit payments after the repeal of WEP and GPO.

Charles divided impacted individuals into two groups:

• Group 1: Individuals who formally applied for Social Security spousal benefits. Before the Act, some received reduced or no benefits due to WEP and GPO. SSA generally processed these cases to provide benefits back to Jan. 2024.

• Group 2: Individuals who did not formally apply for benefits because they assumed their payments would be reduced to zero or insignificantly small amounts. SSA processed these cases to provide benefits six months from the application date. For example, an individual applying today would have benefits start six months before the application rather than back to Jan. 2024.

Many in Group 2 wonder why they were not entitled to benefits back to Jan. 2024, as the Act provided retroactive payments. Charles, 81, a CSRS retiree who retired in July 2011, has 34 Social Security credits and is not eligible for his own retirement benefit. He never applied for spousal benefits because the offset would have reduced them to zero.

His wife, 80, began receiving Social Security retirement payments in her mid-60s. In late January 2025, Charles contacted his local SSA office about spousal benefits under the SSFA. After a phone interview on Feb. 14, 2025, he received a deposit covering July 2024 through Jan. 2025 (six months’ retroactive benefits). He did not receive payments for Jan.–June 2024 because he was told retroactive benefits were limited to six months from his application date.

Charles and others who have not formally filed should contact SSA immediately to protect their benefits.

Retroactive benefits rules

According to the SSA handbook (https://www.ssa.gov/OP_Home/handbook/handbook.15/handbook-1513.html), full retirement age and survivor claims may be paid retroactively up to six months. Certain disability claims may be paid up to 12 months retroactively. You are entitled to benefits beginning the first month in the retroactive period that you meet all requirements, except for filing an application.

For example, if you reach full retirement age in March 2022, are fully insured, and file for benefits in March 2026, you may be entitled to retroactive benefits starting Sept. 2025 (six months before filing). Retroactive benefits for months prior to full retirement age are not payable if this permanently reduces the monthly benefit, except for surviving spouses or surviving divorced spouses under disability who are under 61 in the filing month. Surviving spouses filing after a worker's death may be entitled to benefits in the month of death if otherwise eligible.

Congressional review

Senators Susan Collins, Bill Cassidy, John Cornyn, and John Fetterman sent a letter to SSA Administrator Leland Dudek requesting a review of agency policy to grant maximum retroactive payments to protected spouses affected by the SSFA back to Jan. 2024. The SSFA, coauthored by Collins and cosponsored by Cassidy, Fetterman, and Cornyn, restores Social Security benefits for millions of public employees and their spouses by repealing WEP and GPO, including retroactive payments to Jan. 2024.

Like Charles, several constituents contacted senators’ offices regarding retroactive benefits. They were told by SSA employees years ago that spousal benefits would be reduced to $0 under the GPO, so they did not file claims. Now, these spouses are being told to file a claim but are only granted up to six months’ retroactivity from the most recent SSA contact.

Filing for reconsideration

Teefy advises members who did not receive retroactive benefits back to Jan. 2024 to file Form SSA-561, Request for Reconsideration. This action may protect rights until SSA resolves the issue or Congress or courts require SSA to conform to the legislation and Jan. 2024 effective date.

Those who have not filed for spousal benefits can use the following:

• Widows and former spouses: https://www.ssa.gov/forms/ssa-10.html

• Spouses and divorced spouses: https://www.ssa.gov/forms/ssa-2.html#

• Marriage certification: online or Form SSA-3: https://www.ssa.gov/forms/ssa-3.pdf

Claims may require birth certificates, marriage, divorce, and death certificates depending on the type of benefits filed.