The Social Security Fairness Act Is Law. Here's What Advisors Should Do Now.

Expert Opinion January 07, 2025 at 03:47 PM
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What You Need To Know

  • Welcome to Connecting the Dots, the column where Marcia Mantell discusses real-life decisions around Social Security claiming and retirement.
  • Public jobs often include a pension in lieu of Social Security, but many workers have had both private and public jobs.
  • Especially affected are widows or widowers whose Social Security survivor benefits were reduced or eliminated due to their public pension.
  • Advisors should manage client expectations that this will be a many-months-in-development process.
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The new year has kicked off with a bang for clients who feel they have been penalized with lower Social Security benefits due to their career paths. On Jan. 5, President Joe Biden signed into law the Social Security Fairness Act, which repeals WEP and GPO.

These reductions have been a thorn in many clients’ retirement income plans, through no fault of their own.

WEP, the Windfall Elimination Provision, and GPO, the Government Pension Offset, are sections of the Social Security law that reduced or eliminated Social Security benefits when an individual had a “hybrid” career. These are clients who receive a public pension from years working in the public sector, plus are eligible for Social Security from work with a covered employer.

Several million people have been hit with WEP or GPO. Public jobs often include a pension in lieu of Social Security, but many clients have worked in both private and public jobs. They receive their full, earned pension, but do not receive their full, earned Social Security benefits.

After years of fits and starts, Congress pushed the repeal through with bipartisan support and an effective date retroactive to Jan. 1, 2024.

Who to Contact, and Why

Financial advisors now have positive news to share with some clients, and reaching out to them will be a terrific way to start 2025.

Any retired clients who are collecting reduced Social Security due to WEP should be contacted. Let them know that they should see an increase in their monthly Social Security benefits starting later in the year. In addition, they’ll get back payments.

Clients with hybrid careers saw their calculated Social Security benefits reduced by as much as $580 a month. Spouses who were denied spousal benefits due to their public pensions will also start to receive some Social Security benefits later in the year.

Especially important is to reach out to widows or widowers whose Social Security survivor benefits were reduced or eliminated due to their public pension. GPO reduced survivor spouse benefits by two-thirds of their pension.

Often, retired surviving spouses lost 100% of the Social Security benefits that their spouse had been receiving. This can put a significant strain on household income.

Also important: Check with any qualifying divorced clients with public pensions whose former spouse has died. There may be additional benefits they are eligible for.

Timing on Retroactive Checks and Payment Increases

It will take the Social Security Administration months to operationalize the new formulas and run calculations to return benefits to several million retirees. The SSA website has a dedicated page, at Information about the Social Security Fairness Act, where new information will be posted as it becomes available.

Advisors should manage client expectations that this will be a many-months-in-development process. Clients do not need to do anything except make sure they can access their individual Social Security online account — and be patient.

Social Security will proactively update benefit amounts and communicate directly with affected individuals.

Planning for Pre-Retirees Also Needed

It’s also time to revisit retirement income plans for clients who planned a reduced Social Security benefit due to WEP and GPO. These clients may now see an improved projected plan.

It’s important to connect all the dots with these clients. If the plan assumed a reduction for WEP or GPO, and a further 25% reduction for Social Security’s solvency concerns, you may want to revisit that assumption.

Assume that Social Security will be around for the long haul: Congress will eventually come up with a solution to shore up and stabilize future payments. With this first move to address Social Security’s shortcomings, we should expect more to come over the next decade.

Marcia Mantell is the founder and president of Mantell Retirement Consulting Inc., a retirement business and education company supporting the financial services industry, advisors and their clients. 

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