For years, many retired public employees were told they did not qualify for Social Security spouse or survivor benefits because they received a pension from work where they did not pay Social Security taxes.
This often affected teachers, police officers, firefighters, federal workers, and state and local government employees.
But a recent change in federal law may have changed the answer for many of them.
The Social Security Fairness Act repealed two rules known as the Windfall Elimination Provision, or WEP, and the Government Pension Offset, or GPO. WEP affected retirement benefits, while GPO affected spouse’s and survivor benefits. These rules previously reduced or eliminated Social Security benefits for many people with certain public pensions.
For many retirees, Social Security has been making automatic adjustments. But here is the key point: if you never filed an application because you were told you did not qualify, you may not be in the system to receive an automatic adjustment.
That means some people may need to apply now for spouse or survivor benefits they might qualify for.
Who Should Ask Questions?
You may want to take a second look if you:
- Receive a pension from work where Social Security taxes were not withheld
- Worked as a teacher, police officer, firefighter, federal, state, or local government employee
- Were told your Social Security benefit would be reduced because of your pension
- Were told you did not qualify for a spouse’s benefit
- Are a widow or widower who was told you could not receive a survivor benefit
- Never filed because you believed the old rules made you ineligible
This does not mean everyone will qualify. Social Security decisions still depend on your work history, marital history, age, filing status, and other details. But for many people, the old answer may no longer be the final answer.
And if you have reached your Full Retirement Age, you may be able to request up to six months of retroactive spouse or survivor benefits.
Ask Before You Assume
Many people stop asking questions after being told “no” once. In this case, that could be a costly mistake.
If you or someone you know worked in public service and was previously told, “you don’t qualify,” it may be time to ask again.
The AMAC Foundation’s accredited Social Security advisors can help you understand what may have changed, what information you may need, and what questions to ask before contacting Social Security.
The AMAC Foundation does not replace the Social Security Administration and cannot make benefit determinations. But our advisors can help you better understand your options.
Have a Social Security Question?
Contact the AMAC Foundation’s Social Security Advisory Service today.
A few minutes of asking the right questions could make a meaningful difference.

If no SS was ever withheld from the Fed government employee- do they now qualify? Doesn’t seem fair if they didn’t pay in.
Thank you, AMAC< you were a great help to me. For those who say, “if they didn’t pay in, they shouldn’t get benefits”, our spouses paid in, passed away, and a widow is left to pay bills they both made. So thankful this law was passed.