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Social Security Fairness Act: Most Frequently Asked Questions

Jan 06, 2025

The Social Security Fairness Act (HR 82) is a landmark piece of legislation signed into law on January 5, 2025. Below, we answer some of the most frequently asked questions about what this law means, how it works, and what steps you should take next.

What Does the Social Security Fairness Act Do?

The Social Security Fairness Act (HR 82), signed into law on January 5, 2025, eliminates reductions to Social Security benefits caused by the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO).

The WEP reduced Social Security benefits for certain retired or disabled workers who also received pensions based on earnings from jobs not covered by Social Security and not subject to payroll taxes. The GPO reduced Social Security spousal or widow(er)’s benefits for individuals who also received pensions from noncovered federal, state, or local government employment.

Unlike past legislative proposals, this law does not introduce alternative formulas for the WEP or GPO. Instead, it ensures that Social Security benefits are now calculated uniformly, regardless of whether the individual has a noncovered pension.

Will There Be Retroactive Payments?

The law’s effective date is December 2023, meaning benefits paid starting in January 2024 will no longer reflect WEP or GPO reductions.

It remains unclear whether retroactive payments will be processed as a lump sum or through another method. The Social Security Administration (SSA) is expected to provide further guidance.

When Will This Be Implemented?

Although the law is officially in effect, the SSA is still determining how to implement these changes.

The SSA has announced that it is evaluating the steps required to apply the Social Security Fairness Act. Updates will be provided on the SSA’s official Fairness Act page, but specific details and timelines have not yet been finalized.

Based on previous Social Security updates, the implementation process could take several months to over a year. The SSA has committed to keeping the public informed throughout this process.

Should I Do Anything Now?

At this stage, the SSA recommends the following steps for individuals affected by the WEP or GPO:

Verify your contact information. Make sure your mailing address and direct deposit details are accurate. You can update this information by logging into your account at www.ssa.gov/myaccount.

No immediate action is required. If your Social Security benefits were previously reduced by the WEP or GPO, you do not need to reapply or contact the SSA. Adjustments to your benefits will be made automatically.

How Can I Stay Informed?

To stay updated on the Social Security Fairness Act and its implementation:

By following these steps and ensuring your contact information is accurate, you’ll be prepared to take any necessary actions when more information becomes available. For now, patience is key as the SSA works through the implementation process.

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