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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13565
Experience:  22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
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I work state university and will get a pension at 65.

Customer Question

I work for a state university and will get a pension at 65. For the last 16 years I have also worked for a non-profit paying social security taxes. I am 6 years from age 65. Will my social security benefits be reduced because of my public pension?
Submitted: 2 years ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 2 years ago.
Hi, my name is ***** ***** I thank you for your inquiry. I have been practicing SS law full time for 10+ years and look forward to assisting you.
When you worked for the state University, did you pay SS taxes (FICA) on those earnings?
Customer: replied 2 years ago.

No, I paid into a state pension plan instead. I paid FICA on the earnings for my non--profit employment.

Expert:  Stephanie O Joy, Esq replied 2 years ago.
OK, yes, your expected SS benefit, will likely be affected by the WEP. Windfall Elimination Provision. This is because your estimated SS benefit that you may have seen on your annual earnings statement (let me know if you know how to get it) is incorrect. It is treating you as a low average lifetime wage earner, since such income figures are the only ones the SSA has been informed of (it is not informed yet of your many years working for the state and the related pension). Because it thinks you are "poor", it has given you a "welfare" type of rate % to determine your SS benefit amount (estimate). Instead of the 25% many regular earners get, you may have something higher applied, such as up to 55% - all because you are considered a poor earner who needs this welfare boost applied to bring your SS benefit up to the bare minimum. Once you apply and answer the question about working for state and not paying SS taxes on that, plus having a pension there, the SSA calculation, via WEP, will be corrected to use the rate used by other earners that are similarly situated in terms of lifetime earnings - the regular rate, not the welfare rate. It will be corrected.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Stephanie O Joy Esq., ONLY" if you want me to specifically answer it.
Sincerely, ***** ***** Joy, Esq.
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Expert:  Stephanie O Joy, Esq replied 2 years ago.

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