On January 5th , 2025, President Biden signed into law the Social Security Fairness Act of
2023 (H.R. 82) that repeals SSA amendment (Public Law 9821) enacted in 1983 creating
Social Security Government Pension Offset (GPO) and Windfall Elimination Provision (WEP)
computational adjustments applicable to wage earners that had non-covered wages in their
lifetime. This change will affect over 2 million beneficiaries.
This law will mostly affect federal, state, local government, or foreign retirement pension
recipients who have had GPO or WEP applied to their benefit computation back to January
2024.
If you have already filed for and receive a reduced benefit due to GPO or WEP the only action
you need to take currently is to ensure your current address and direct deposit information is
accurately reflected on your SSA record.
GPO affects spousal and surviving spousal benefits. If you believe you are now eligible to
receive benefits under the new law, you need to take action to file your application to protect
your eligibility for payment. New applications will include the standard 6 months retroactivity if
you are over full retirement age.
The beneficiaries affected by GPO/WEP are very familiar with this legislation and have been
appealing to congress for decades to have it repealed. If you or your spouse filed for benefits
earlier in 2024 and deemed filing provisions as outlined in Bipartisan Budget Act of 2015
(Section 831 of Public Law 114-74) apply, you could be protected for filing earlier and the six
months retroactivity would apply from that date potentially giving you more back benefits. You
will need to clarify this directly with the SSA.
It will take SSA some time to enact this new legislation. As always, be certain to advocate for
your correct entitlement and benefits with SSA.
Maryellen Eckert EDPNA
