On Jan. 5, 2025, President Biden signed the Social Security Fairness Act, that eliminated the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO).

This brings good news for many teachers and public workers: If you have worked for a government employer — such as a state agency, school district, or local government — that was not participating in Social Security, then it was possible that you had reduced Social Security benefits.. However, thanks to the Social Security Fairness Act, this will no longer be the case.

Teachers and other public workers who would have been affected by the WEP or GPO will not see a reduction in any future Social Security benefits.

Below are some common questions about this new change.

When does the new law take effect?

The Social Security Fairness Act applies to all benefits payable after December 2023. This means all future Social Security benefits will not be reduced, even if yours previously were.

I am retired and already receiving Social Security. Will my benefits increase now?

The timing of the change in Social Security payments is still being determined (as of this writing). The Social Security Administration says that changes in current payments will be made soon.

If your benefits were previously reduced, you will also receive backdated payments for the 2024 year. The timing and method of those payments is still to be determined.

You can visit SSA.gov to learn more about the change.

I haven’t retired yet. How does this change affect my Social Security benefits?

If you were going to have Social Security benefits reduced by the WEP or GPO that will no longer happen. You will receive 100% of the Social Security benefits that you’ve qualified for irrespective of the fact that you also have access to state or local government pension payments.

What if I have paid into Social Security for some jobs, but not others?

To determine your Social Security eligibility, you can visit SSA.gov.

What if I have never paid into Social Security?

This law won’t affect your Social Security eligibility. If you did not qualify for Social Security benefits before, this law does not change that.

The WEP could not fully eliminate any Social Security benefit you qualified for through your own work. If you were not eligible for Social Security through your own career, then that will not change with the Social Security Fairness Act.

What if I have paid into Social Security my entire teaching or public service career?

The WEP would not have applied to you, so the Social Security Fairness Act won’t affect your Social Security eligibility or benefits.

The GPO may have reduced your survivor benefit depending on your spouse’s career. See the following questions for more information.

Will this affect my survivor benefits?

If you were receiving reduced survivor benefits due to the GPO, this law will restore your benefits to the full amount you qualify for. If you were not receiving a reduced survivor benefit, this law will not affect future benefits.

The GPO was eliminating 100% of survivor benefits in many cases. If your spouse was a public employee who qualified for a pension from a government employer while not making contributions into Social Security, then it is possible your survivor benefit could have been reduced to nothing. If that is the case, then your survivor benefit will be restored to the full amount.

As a note, the GPO did not apply to workers who:

  1. Retired before July 1, 2004;
  2. Were covered by Social Security for the last five years of their employment; or
  3. Earned a pension from military reserve service.

Where can I learn what Social Security benefits I qualify for?

To determine your Social Security eligibility status and more information about the Social Security Fairness Act, visit SSA.gov and https://www.ssa.gov/benefits/retirement/social-security-fairness-act.html.

Teachers: if you have questions about your pension, or just want to learn more about how your retirement plan works, take one of our free courses at TeacherRetirementU.org.

Does any part of this law mean I lose money?

No. The Social Security Fairness Act eliminates provisions of federal law that reduced Social Security payments under certain conditions. The only direct effect is that people affected by the WEP or GPO will no longer have reductions.

Does this change my pension benefits?

No. There is no part of the Social Security Fairness Act that changes aspects of state or local retirement benefits. Generally, government employers that offer pension benefits without concurrently participating in Social Security offer higher pension benefits. However, if an individual qualifies for Social Security irrespective of that pension benefit (such as through work before or after public sector employment) that is not something taken into consideration by the government pension plan.