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Does the offset effect everyone who got the required

Customer Question
Does the offset effect...

Does the offset effect everyone who got the required quarters, but works years for an ed institution that does not pay SSN

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Tyler, Texas 75703

Lawyer's Assistant: What steps have been taken so far?

I have not done any triggers and will be 70 in Aug 2018

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I had a 13 year stay with a Tx agency (MHMR).....and have worked for a TX Jr college for 25 years ( they have not paid SSN that whole time). I do not plan to retire (ORP) for 2-3 more years.

Submitted: 7 months ago.Category: Legal
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Answered in 1 minute by:
12/29/2017
Lawyer: Ray, Lawyer replied 7 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,925
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 7 months ago

So do you have TRS here or what is your pension plan?Did you work anywhere else in the last 25 years that withheld social security?

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Lawyer: Ray, Lawyer replied 7 months ago

There are two scenarios that come into play that will allow you to receive both your TRS pension and partial Social Security benefits :

1. Being qualified to receive your own benefits.

2. Collecting benefits based on the working history of your spouse.

While you may be eligible to receive benefits, there some provisions that make sure you don’t “double-dip” into a government pension and the Social Security system.

Reference

October 21, 2013 By Dave Grant

Can I collect TRS and Social Security?

Short answer, it depends.

Many teachers I talk to have this question, and the common answer they have been told by district or union employees is “No”. Knowing that they have paid money into the Social Security system, this often gets some emotional responses, as it should, but the answer they have received isn’t entirely accurate.

There are two scenarios that come into play that will allow you to receive both your TRS pension and partial Social Security benefits :

1. Being qualified to receive your own benefits.

2. Collecting benefits based on the working history of your spouse.

While you may be eligible to receive benefits, there some provisions that make sure you don’t “double-dip” into a government pension and the Social Security system.

Courtesy of 401(k)2013 / Flickr

Windfall Elimination Provision (WEP)

If you have worked other jobs besides being a teacher, you may be eligible to receive Social Security benefits, but you must be qualified to receive them. In order to be qualified, you must have earned 40 “credits”. You are able to earn four credits per year, and earn one credit for every $1,160 you earn (in 2013). Therefore, you have to have earned four credits per year over the course of ten years to be eligible for retirement benefits – there is no partial benefit if you get 20 credits, it’s all or nothing.

So let’s say you retire, receive your TRS pension but you are also eligible for Social Security benefits based on attaining over 40 credits in other employment. You will not be able to collect the full amount of your Social Security as listed on your statement. The Social Security calculator will take into consideration the amount of your TRS pension and then decrease the amount of your Social Security by a factor. You can find the calculator for this here. One thing that is important to note is that WEP cannot completely eliminate your Social Security benefit, but it can reduce it to a very small amount.

Summary: If you are eligible for Social Security benefits based on your own earnings history, you will receive some benefits.

Check with social security you may well be able to draw a limited amount here either off your earnings or if you are married or widowed off of spouses share.

I appreciate the chance to help you today.Thanks for rating 5 stars at top of page.

Happy New Year too.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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