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Are spousal benefits reduced by spouse's pension from a

Customer Question
Are spousal benefits reduced by...
Are spousal benefits reduced by spouse's pension
from a local county earned while spouse's salary was not covered by soc. sec.?
Submitted: 2 years ago.Category: Social Security
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Answered in 5 minutes by:
1/26/2016
Social Security Expert: LawTalk, Attorney replied 2 years ago
LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 37,876
Experience: I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Yes, that is correct. If you are receiving a pension from an employer who did not withhold social security taxes from your income while you were employed, and you also apply for a social security spouse benefit, social security will reduce or eliminate your spouse benefit based on the amount of benefit that you receive from the public employer. Let me explain.

If you will be receiving an annuity/pension payment from a retirement system where you did not pay Social Security taxes, you’ll be subject to the Windfall Elimination Provision (WEP). The WEP will reduce your Social Security benefit if you have fewer than 30 years of “substantial earnings” under Social Security. Substantial earnings are greater than those required to earn Social Security credits. To see what substantial earnings are by year see this link:

https://socialsecurity.gov/pubs/EN-05-10045.pdf

This is a very complex area of Social Security law, and therefore, I will point you to this excellent primer on the WEP:

https://socialsecurity.gov/pubs/EN-05-10045.pdf

Generally, if a person qualified for their non-social security pension after December 1, 1982, and they worked less than 20 years in a job where they paid social security taxes, then up to 1/2 of their non-social security pension benefit would be applied (deducted) against any expected Social Security benefit.

According to the Social Security Administration, substantial earnings is defined as an amount equal or above the amounts shown in the table located at this website: https://socialsecurity.gov/pubs/EN-05-10045.pdf

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 be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

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Social Security Expert: LawTalk, Attorney replied 2 years ago

Good afternoon,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you were seeking, would you please now rate my service to you?

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

Thanks in advance,

Doug

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