From SSA.gov- Last updated February 3, 2025
What is the Social Security Fairness Act (Act) and who does it help?
The Act was signed into law on January 5, 2025.
The Act ends the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO). These provisions reduced or eliminated the Social Security benefits of over 3.2 million people who receive a pension based on work that was not covered by Social Security (a “non-covered pension”) because they did not pay Social Security taxes. This law increases Social Security benefits for certain types of workers, including some:
- teachers, firefighters, and police officers in many states;
- federal employees covered by the Civil Service Retirement System; and
- people whose work had been covered by a foreign social security system.
December 2023 is the last month that WEP and GPO will apply. This means that those rules no longer apply to benefits payable for January 2024 and later. Important Reminder: Social Security benefits payable for January 2024 would generally have been received in February 2024.
SSA is finalizing its plan to implement the Act. We cannot yet provide an estimated timeframe for when we will adjust a person’s past or future benefits, but we will continue to provide updates on this webpage. We thank the public for its patience.
If you never applied for retirement, spouse’s, or surviving spouse’s benefits because of WEP or GPO:
You may need to file an application. The date of your application might affect when your benefits begin and your benefit amount. However, each case is different, and all other Social Security laws and policies, such as benefit reductions for claiming benefits before the full retirement age, the retirement earnings test, and others, still apply.
- The most convenient way to apply for retirement or spouses’ benefits is online at www.ssa.gov/apply. Please note that the online application continues to collect pension information until we are able to update it; however, we will not offset the benefit.
- The survivor benefit application is not available online.
- NEW! We will take an application by telephone for people who did not previously apply for retirement benefits because of WEP or spouse’s or surviving spouse’s benefits because of GPO. If you meet these conditions, call 1-800-772-1213 Monday through Friday, from 9:00 a.m. to 6:00 p.m. ET. When the system asks, “How can I help you today?”, say “Fairness Act.” Then, you’ll be asked a few questions. Your answers will help us connect you to a WEP-GPO trained representative to take your claim.
