Social Security Questions? Ask a Social Security Expert
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Yes, the file and suspend maneuver will be phased out on May 1, 2016 and you must be at full retirement age before then to take advantage of it. Sounder the facts you have given me, you will not be eligible for it. Your spouse could still be eligible for the "restricted benefit" but you will not be as you have taken early retirement. What he could do, is when he turns age 66, he could "restrict" his benefit. This means he elects to take ONLY the spousal benefit and not his normal retirement. This loophole is going away in the changes on May 1, 2016. He would still be grandfathered in if he turned age 62 by December 31, 2015. This will be elected at age 66 (not before May 1). He would then receive 50% of your benefits and be able to let his benefit grow until mandatory retirement age (age 70). His benefit will receive credits that increase it 8% per year (again this can only happen age 66-70).
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