By David Munn, CFP
The Social Security Fairness Act, signed into law on January 5, 2025, represents a significant shift in the U.S. Social Security system by repealing two provisions—the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO)—that previously reduced or eliminated benefits for certain public sector employees. This legislative change aims to provide equitable Social Security benefits to individuals who have dedicated their careers to public service.
Understanding WEP and GPO
The WEP and GPO were enacted to adjust Social Security benefits for individuals who received pensions from employment not covered by Social Security taxes. The WEP affected workers with non-covered pensions by reducing their Social Security retirement or disability benefits, while the GPO reduced spousal or survivor benefits for individuals receiving such pensions. These provisions primarily impacted public sector employees, including teachers, firefighters, police officers, and federal workers, often resulting in significantly reduced or eliminated Social Security benefits.
The repeal of WEP and GPO through the Social Security Fairness Act restores full Social Security benefits to approximately 3.2 million affected individuals.
Eligibility for Benefits
With the repeal of WEP and GPO, individuals who were previously subject to these provisions may now be eligible for increased Social Security benefits. Eligible groups include:
Retirees with Non-Covered Pensions: Individuals who receive pensions from employment not covered by Social Security taxes and who were previously affected by WEP may now receive full retirement or disability benefits.
Spouses and Survivors: Spouses, ex-spouses, and surviving spouses who were subject to GPO reductions may now be eligible for full spousal or survivor benefits. This change is particularly significant for those who may have been denied benefits or received reduced amounts due to the GPO.
Steps to Receive Benefits
To access the benefits provided by the Social Security Fairness Act, individuals should take the following steps:
Verify Eligibility: Determine if you were previously affected by WEP or GPO. If you received a non-covered pension and experienced reduced Social Security benefits, you are likely eligible for increased benefits under the new law.
Apply for Benefits: If you have not previously applied for Social Security benefits due to WEP or GPO, you should apply as soon as possible. Applications can be submitted online through the Social Security Administration (SSA) website at ssa.gov/apply. For personalized assistance, you can call the SSA at 1-800-772-1213, Monday through Friday, from 9:00 a.m. to 6:00 p.m. ET. When prompted, say “Fairness Act” to be connected to a representative trained in WEP-GPO matters.
Update Personal Information: Ensure that your mailing address, direct deposit information, and other personal details are current with the SSA. Accurate information will facilitate timely processing of your benefits and any retroactive payments.
Monitor Communications from SSA: The SSA is in the process of issuing retroactive payments and adjusting monthly benefits. Stay informed by regularly checking your mail and any official communications from the SSA regarding your benefits.
Implementation Timeline
The SSA has committed to an expedited implementation of the Social Security Fairness Act:
Retroactive Payments: The SSA began issuing retroactive payments in February 2025 to individuals who were previously affected by WEP and GPO. These payments compensate for past reductions in benefits, retroactive to January 1, 2024.
Increased Monthly Benefits: Adjusted monthly benefit payments, reflecting the repeal of WEP and GPO, are scheduled to commence in April 2025. Beneficiaries can expect to see these increases in their regular Social Security payments.
Our advisors are available to assist with understanding how these changes impact you and claiming eligible benefits.
This material is intended to be educational in nature, and not as a recommendation of any particular strategy, approach, product or concept for any particular advisor or client. This material is not intended as any form of substitute for individualized investment advice and social security planning. The discussion is general in nature, and therefore not intended to recommend or endorse any asset class, security, or technical aspect of any security for the purpose of allowing a reader to use the approach on their own. Before participating in any investment program or making any investment, clients as well as all other readers are encouraged to consult with their own professional advisers, including investment advisers and tax advisors. Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment will either be suitable or profitable for a client's investment portfolio. Munn Wealth Management, LLC, is registered as an investment adviser (RIA) with the United States Securities and Exchange Commission. Registration as an investment adviser does not imply any certain degree of skill or training. 1323GSG