Social Security Fairness Act: Key Updates for Public Pension Holders

January 22nd, 2025

Dear Clients,

On January 5, 2025, President Biden enacted the bipartisan Social Security Fairness Act (SSFA), repealing the following two provisions that previously reduced Social Security benefits for those receiving public pensions from non-Social Security-covered earnings.

    •    The Government Pension Offset (GPO), established in 1977, significantly reduced or eliminated Social Security spousal and survivor benefits for those with pensions from jobs not covered by Social Security.

    •    The Windfall Elimination Provision (WEP), introduced in 1983, reduced Social Security retirement or disability benefits for individuals with fewer than 30 years of substantial Social Security earnings who also received a pension from non-Social Security-covered employment.

These changes will be retroactively applied to benefits received after December 2023.

The Social Security Administration (SSA) is currently working on the process for implementing the SSFA, and will provide guidance on next steps directly on its website: https://www.ssa.gov/benefits/retirement/social-security-fairness-act.html. 

Per SSA’s guidance as of January 6, 2026, individuals who previously filed for Social Security benefits which are partially or completely offset do not need to take any action except to verify that SSA has their valid address and direct deposit information on file.  Individuals who are receiving a public pension and are interested in filing for benefits may file online at www.ssa.gov/apply or by scheduling an appointment with SSA. 

We will continue monitoring these developments and look forward to sharing future updates as they become available from SSA. 

As always, please do not hesitate to reach out to our team with any questions in the meantime.