Social Security Fairness Act: Who qualifies?

The Social Security Fairness Act, signed into law on January 5, 2025, makes major changes to two longstanding rules: the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). 

These rules previously reduced Social Security benefits for many public-sector workers, spouses, and survivors when a government pension from a job not covered by Social Security existed. 

With those rules repealed for benefits payable after December 2023, eligibility changes significantly. 

What is the Social Security Fairness Act?

The Fairness Act amends the Social Security Act by repealing both WEP and GPO.

WEP had reduced one’s Social Security retirement or disability benefit if they also received a non-covered pension (i.e., from employment where Social Security taxes were not paid). 

GPO reduced or eliminated spousal or survivor benefits for someone with a non-covered government pension. 

Who qualifies because of the repeal of WEP?

If you worked in a job not covered by Social Security (so you did not pay Social Security taxes for that employment) and you also worked (or paid Social Security taxes) in an employment covered by Social Security for which you earned enough work credits, you may qualify for full Social Security retirement or disability benefits, once subject to WEP reductions.

In other words:

1. You have a non-covered pension from a job (often public sector) where you did not pay Social Security taxes.
2. You have enough Social Security work credits (generally 40 credits) from covered employment.
3. For retirement or disability benefits payable after December 2023, the WEP no longer reduces your benefit.

Examples of jobs: public school teacher in a system that doesn’t pay Social Security taxes, certain state/local government employees, and federal employees under the older Civil Service Retirement System (CSRS).

Who qualifies because of the repeal of GPO?

The GPO affected spouses or surviving spouses of workers with Social Security records when the spouse also had a government pension from non-covered employment. 

With this law:

1. If you are a spouse or surviving spouse of someone with Social Security benefits, and you also have a pension from non-covered employment, you may now qualify for spousal or survivor Social Security benefits without the old GPO reduction.
2. The rule applies to pensions derived from work not covered by Social Security taxes.
3. Benefits payable for months after December 2023 will reflect the change.

How many people are eligible under the law?

According to estimates, about 3.2 million Americans had been affected by WEP and/or GPO.

The law restores full benefits for impacted public-sector workers, spouses, and survivors. 

Many news reports indicate over 2.5 million public workers (teachers, firefighters, police officers, etc.) stand to benefit.

What are the key jobs or public-sector roles that often qualify?

Commonly qualifying roles include:

1. Teachers in state or local systems that did not pay Social Security taxes.
2. Firefighters or police in jurisdictions where employment is not covered by Social Security.
3. Federal employees under CSRS (not FERS) who had a pension but did not pay Social Security taxes for that portion of service.
4. Workers who received a pension based on foreign social security system employment (in some cases) and also paid into the U.S. Social Security.

How and when do the changes take effect?

Benefits payable for months after December 2023 are eligible under the new rules.

Many qualifying beneficiaries began receiving retroactive payments (back pay) starting early 2025, and new monthly benefit amounts beginning around April 2025.

The exact amount of increase depends on your pension amount, your Social Security benefit, your work history, and other individual factors.

What should you do if you believe you qualify?

1. Log into your “my Social Security” account to check your benefits and earnings history.
2. Contact the Social Security Administration and inform them you believe you may be eligible under the Social Security Fairness Act because of WEP or GPO.
3. If you haven’t applied for Social Security benefits because you were previously subject to WEP or GPO, consider applying now—once eligible.
4. Keep documentation of your non-covered pension, your covered employment credits, and any previous reductions under WEP or GPO.
5. Be prepared: because of the change, you may receive a lump-sum retroactive payment plus an increased monthly benefit going forward.