For more than 40 years, two Social Security rules frustrated teachers, police officers, firefighters and other public workers. They were called the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). Many people still ask if they are really gone.
Yes, they are gone for good. Here is what they did, what changed, and what you should do now.
What the two rules did
WEP cut your own Social Security. If you had a pension from a job that did not pay into Social Security, and you also earned Social Security from other work, WEP used a less generous formula for your benefit. Many people lost a few hundred dollars a month.
GPO cut spousal and widow’s benefits. If you had a non-covered pension, Social Security cut any spousal or survivor benefit by two thirds of your pension. For most retired teachers, that wiped the benefit out completely.
Here is how GPO worked in real life:
| Before the repeal | After the repeal | |
|---|---|---|
| Carol’s teacher pension | $3,000 a month | $3,000 a month |
| Widow’s benefit from her late husband | $1,800 a month | $1,800 a month |
| GPO cut (two thirds of $3,000) | minus $2,000 | none |
| What Carol got from Social Security | $0 | $1,800 |
Carol went from nothing to $1,800 a month, for life.
What changed
The Social Security Fairness Act became law on January 5, 2025. It ended both rules for benefits payable for January 2024 and later.
During 2025, Social Security:
- Raised monthly checks for more than 3 million people
- Paid back benefits owed since January 2024, often as one large payment
- Started paying spousal and survivor benefits to people who were cut off before
Today, new claims are figured the same way as for anyone else. Your pension does not reduce your Social Security at all.
Who benefits most
- Teachers in states without Social Security, such as California, Texas, Ohio, Illinois, Massachusetts, Louisiana, Colorado and Kentucky, who earned Social Security from other jobs
- Police officers and firefighters in departments that do not pay into Social Security
- State and local workers in non-covered jobs
- Spouses and widows or widowers of people with long Social Security work records
See which states and jobs are affected on our pages for teachers, police and firefighters and public employees by state.
What it means if you have not retired yet
Your pension and your Social Security now add up in full. That makes three things worth checking.
1. Your own credits. You need 40 credits to get Social Security from your own work. Many public workers have 30 or so from earlier jobs. A couple more years of covered work can push you over the line, and now that benefit is not cut. Count yours with the 40-credit checker.
2. Your spouse’s record. If your husband or wife had a long career in covered jobs, you may get a spousal benefit while they are alive and a survivor benefit after they die. Try the spousal and survivor calculator.
3. Your total income. See your pension and Social Security together, at every claiming age, in the pension and Social Security calculator.
If you never applied because of the old rules
Many people never filed for a spousal or widow’s benefit because they knew GPO would wipe it out. If that is you, apply now. Social Security may be able to pay some past months, but how far back depends on when you apply. Waiting longer can cost you money.
You can apply online at ssa.gov, by phone at 1-800-772-1213, or at a local office. Have your marriage certificate, your spouse’s Social Security number, and details of your pension ready.
A note on taxes
If you got a large back payment, it may count as income. The IRS lets you figure the tax as if part of it was paid in earlier years, which can lower your bill. Your Form SSA-1099 shows how much was for earlier years. A tax preparer can help.
Questions people ask
Do I need to pay anything back? No. The repeal only added money.
Will the rules come back? They were repealed by law. Bringing them back would take a new law from Congress.
I already get Social Security. Do I need to do anything? If your check went up in 2025, you are set. If you think you were missed, contact Social Security.
Does this change my pension? No. Your pension plan works the same way. Only Social Security changed.
Read the full background in our Fairness Act guide.