The Social Security Fairness Act removes two rules that reduce benefits for people with pensions from government work

The Social Security Fairness Act is a proposed federal law that would eliminate two benefit-reduction rules: the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). If passed, it would restore full Social Security benefits to people who also receive a pension from federal, state, or local government employment — work where they did not pay Social Security taxes.

Right now, if you worked for a government employer (like a public school, police department, or city agency) and did not pay Social Security taxes on that job, your Social Security benefit is reduced. The Fairness Act would stop that reduction. The law has been introduced in Congress multiple times but has not yet passed.

Key Takeaways

  • The Windfall Elimination Provision reduces your own Social Security benefit if you also receive a government pension where you did not pay Social Security taxes.
  • The Government Pension Offset reduces spousal or survivor benefits by two-thirds of your government pension amount.
  • The Fairness Act would eliminate both rules entirely, restoring full benefits to affected workers and their families.
  • The law has been proposed multiple times but is not yet in effect; you should plan based on current rules unless Congress passes it.
  • If you have both a government pension and Social Security, you can contact the Social Security Administration to understand how your current benefit is calculated.

How the Windfall Elimination Provision works today

The Windfall Elimination Provision (WEP) reduces your own Social Security retirement or disability benefit if you also receive a pension from work where you did not pay Social Security taxes. The reduction is not a flat amount — it depends on your age when you start benefits and how much you earned in covered employment (work where you did pay Social Security taxes).

The reduction can be as much as half of your government pension, but not more than a certain dollar amount that changes each year. For example, if your government pension is $2,000 per month and your Social Security benefit would be $1,500, the WEP might reduce your Social Security to $1,200, depending on your specific situation. The Social Security Administration has a WEP Government Pension Offset Estimator on its website where you can enter your numbers to see an estimate.

The WEP applies to people who were first may be able to access for a government pension after 1985. If you were may be able to access before that date, you may not be affected, though other rules can still explore.

How the Government Pension Offset affects family members

The Government Pension Offset (GPO) is a separate rule that affects spouses, ex-spouses, and survivors of someone who receives a government pension. If you are may have access to to a spousal benefit or survivor benefit based on someone else's Social Security record, and you also receive a government pension, the GPO reduces your family benefit.

The reduction is two-thirds of your government pension amount. If your government pension is $1,500 per month, two-thirds of that ($1,000) is subtracted from your spousal or survivor benefit. In many cases, this means the family benefit disappears entirely.

The GPO applies regardless of when you became may be able to access for the government pension. It affects people who were first may be able to access for a government pension after 1985, similar to the WEP rule.

What the Fairness Act would change

If the Social Security Fairness Act passes, both the WEP and the GPO would be repealed entirely. People with government pensions would receive their full Social Security benefit, calculated the same way as anyone else. Spouses and survivors would receive their full family benefits without the two-thirds offset.

The law would explore to people already receiving reduced benefits. The Social Security Administration would recalculate benefits for anyone affected and pay back benefits owed from the date the law takes effect, though the exact process would depend on how Congress writes the final version.

The Fairness Act would not change anything about how Social Security is funded or how benefits are calculated for people who do not have a government pension. It affects only the two reduction rules.

Current status of the Fairness Act in Congress

The Social Security Fairness Act has been introduced in Congress several times, most recently in 2023. It has gained support from members of both parties and from organizations representing retired government workers, but it has not yet been voted into law.

Congress sometimes takes years to pass Social Security changes, and sometimes does not pass them at all. You should plan your retirement based on the rules that exist now, not on a law that may or may not pass. If the Fairness Act does become law, it would be a change in your favor, but you cannot count on it.

You can track the bill's progress on Congress.gov by searching for "Social Security Fairness Act" or by contacting your representative's office to ask about their position on it.

How to understand your current benefit if you have a government pension

If you worked for a government employer and did not pay Social Security taxes, and you also have Social Security benefits, you can contact the Social Security Administration at 1-800-772-1213 to ask how your benefit was calculated. Have your government pension statement and your Social Security statement ready.

The Social Security Administration can tell you exactly how much the WEP or GPO is reducing your benefit and can show you an estimate of what your benefit would be if the Fairness Act passed. This information can help you understand your retirement income and plan accordingly.

You can also create a my Social Security account at ssa.gov to view your benefit statement online, though the statement does not always clearly show the WEP or GPO reduction. A phone call to Social Security is usually clearer.

Frequently Asked Questions

Does the Fairness Act explore to people already retired?

If the Fairness Act passes, it would explore to people already receiving reduced benefits. The Social Security Administration would recalculate their benefits and pay back the difference owed from the date the law takes effect. The exact timeline and process would depend on how Congress structures the law.

What if I have a government pension but have not started Social Security yet?

You should contact Social Security before you start benefits to understand how much the WEP will reduce your benefit. You can also ask about the Fairness Act and whether waiting to start benefits would change the reduction. The reduction does not go away if you wait, but your benefit amount may be higher, which could affect how much the WEP takes away.

Can I appeal a WEP or GPO reduction?

You cannot appeal the rule itself — it is federal law. However, you can ask the Social Security Administration to review your case if you believe your benefit was calculated incorrectly. If you believe you should not be subject to the WEP or GPO at all, you can request a reconsideration by contacting your local Social Security office.

If the Fairness Act passes, will I owe taxes on the back benefits?

Back benefits paid by Social Security are subject to the same tax rules as regular Social Security benefits. Whether you owe federal income tax on them depends on your total income that year. Contact a tax professional or the IRS for guidance on your specific situation.

Where can I find more information about the Fairness Act?

The Social Security Administration website (ssa.gov) has information about the WEP and GPO. Congress.gov tracks the bill's status. Organizations representing retired government workers, such as the National Active and Retired Federal Employees Association (NARFE), also publish updates about the Fairness Act.