Am I Impacted by the Social Security Fairness Act?
Flowchart to determine whether the repeal of WEP and GPO under the Social Security Fairness Act affects your benefits.
How Does the Social Security Fairness Act Affect My Benefits?
The Social Security Fairness Act was signed into law in January 2025 and eliminated two provisions that previously reduced Social Security benefits for many public-sector employees and their families: the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO).
If you receive a pension from employment that was not covered by Social Security taxes, or if your spouse worked in a non-covered government position, reviewing the impact of the Social Security Fairness Act may be an important part of your retirement planning process.
Review Whether the Windfall Elimination Provision (WEP) Previously Applied to You
The Windfall Elimination Provision reduced Social Security retirement benefits for certain individuals who received a pension from employment that was not covered by Social Security.
WEP commonly affected:
- Teachers
- Police officers
- Firefighters
- State and local government employees
- Individuals with both Social Security-covered and non-covered employment histories
Prior to repeal, WEP could reduce Social Security retirement benefits even when an individual had earned benefits through years of Social Security-covered employment.
The Social Security Fairness Act eliminated the Windfall Elimination Provision, which may result in higher Social Security benefits for affected individuals.
Review Whether the Government Pension Offset (GPO) Previously Applied to You
The Government Pension Offset affected certain spouses and surviving spouses who received a pension from government employment not covered by Social Security.
Under prior law, Social Security spousal and survivor benefits could be reduced or eliminated because of the government pension.
The Social Security Fairness Act eliminated the Government Pension Offset, which may affect:
- Current spouses
- Surviving spouses
- Widows and widowers
- Former spouses who qualify for Social Security benefits
Individuals who were previously affected by GPO may wish to review their benefit eligibility and payment calculations.
Review Whether You May Be Eligible for Increased Benefits
Individuals who were previously subject to WEP or GPO may receive different benefit amounts under the updated law.
Common areas to review include:
- Current Social Security retirement benefits
- Spousal benefits
- Survivor benefits
- Retroactive benefit payments
- Future retirement income projections
The Social Security Administration continues to implement changes associated with the legislation, and benefit adjustments may vary based on individual circumstances.
Review How the Social Security Fairness Act Fits Into Your Retirement Plan
An increase in Social Security income may affect broader retirement planning decisions, including:
- Retirement income planning
- Withdrawal strategies
- Tax planning
- Required Minimum Distributions (RMDs)
- Estate planning considerations
- Long-term cash flow projections
For additional information, review our resources on Social Security retirement benefits, retirement withdrawal strategies, and retirement planning considerations.
Review Whether Action May Be Needed
Some individuals may wish to review their Social Security records, benefit statements, and pension information to determine whether they may be affected by the Social Security Fairness Act.
Questions commonly reviewed include:
- Was I previously subject to WEP?
- Was I previously subject to GPO?
- Am I eligible for additional benefits?
- Could retroactive payments apply to my situation?
- Should my retirement income plan be updated?
About This Resource
This resource provides general educational information regarding the Social Security Fairness Act, the Windfall Elimination Provision (WEP), and the Government Pension Offset (GPO). Benefit calculations and eligibility rules may vary based on individual circumstances and future regulatory guidance.
If you would like to discuss how Social Security benefits fit into your broader retirement plan, we invite you to schedule an introductory conversation.