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Please tell me how the Windfall Elimination Provision

affects Social Security survivors benefits...
Please tell me how the Windfall Elimination Provision affects Social Security survivors benefits
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Answered in 1 hour by:
2/9/2017
lev-tax
lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 32,857
Experience: Taxes, Immigration, Labor Relations
Verified

The Windfall Elimination Provision doesn’t apply to survivors benefits. The SSA may reduce widows or widowers benefits because of another law - Government Pension Offset.

If a widow or widower receives a retirement or disability pension from a federal, state, or local government based on own work for which Social Security taxes were not paid, the SSA may reduce Social Security spouses or widows or widowers benefits.

See here

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

When won’t my Social Security benefits be reduced?
Generally, we won’t reduce your Social Security benefits as a spouse, widow, or widower if you
• Receive a government pension that’s not based on YOUR earnings
;

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Customer reply replied 1 year ago
Does the Government Pension Offset apply when a widow collects a Social Security survivor's benefit based on her husband's earnings and also collect a foreign widow's pension based on her husband's earnings?

As I highlighted above - the Government Pension Offset may be in effect if a pension is based her own earning.
For pension based on her husband's earnings - not hers - that provision will not apply.

lev-tax
lev-tax, Tax Advisor
Category: Social Security
Satisfied Customers: 32,857
Experience: Taxes, Immigration, Labor Relations
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