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LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37855
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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If my ex gets part of my calstrs pension is his ss reduced

Customer Question

If my ex gets part of my calstrs pension is his ss reduced?
Submitted: 2 years ago.
Category: Social Security
Expert:  LawTalk replied 2 years ago.
Good afternoon,I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. No, to the extent that he receives part of your pension that was earned while you were not paying into social security, his own retirement benefit will not be reduced because of the (Windfall Elimination Provision) WEP. This is because there is an exception to the application of the WEP in the circumstance where one receives a government pension that’s not based on their own earnings. So, if your ex gets part of your calstrs pension as a result of the divorce decree, that will in no way effect his continued eligibility for his full social security retirement benefits. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.Please remember to rate my service to you so that I can be compensated for helping you.I wish you and yours the best in 2015,Doug .