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lev-tax
lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 28082
Experience:  Taxes, Immigration, Labor Relations
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My wife is a school teacher in Texas. They do not pay into

Customer Question

My wife is a school teacher in Texas. They do not pay into SS so she is covered by the Government Pension Offset rules. She will get survivor benefit from my social security but decreased by 60% of her retirement. My question is: Can a state opt out of the GPO provision but still not have the teachers have to pay into SS?
Submitted: 5 months ago.
Category: Social Security
Expert:  lev-tax replied 5 months ago.

the Government Pension Offset (GPO), reduces Social Security benefits paid to spouses or survivors when the spouse or survivor earned a pension from a government job that was not covered by Social Security. The GPO reduction is equal to two-thirds of the amount of the pension payment from noncovered government work.

Expert:  lev-tax replied 5 months ago.

The state may not "opt out" of the GPO provision - that is a federal law.

The Government Pension Offset ensures that the SSA calculate the benefits of government employees who don’t pay Social Security taxes the same as workers in the private sector who pay Social Security taxes.

See some details here

https://www.ssa.gov/pubs/EN-05-10007.pdf

Let me know if you need any further help.

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