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This is such a helpful thread! I'm actually in a similar boat - getting divorced and my ex worked for the state while I've always worked private sector jobs. Reading through all these responses has been really reassuring. The key takeaway seems to be that WEP only applies if YOU personally worked in non-covered employment, not if you receive pension money from someone else's non-covered work through divorce. @Liv Park, I'm definitely going to follow your lead and get something in writing from SSA before I file for my benefits in a few years. Thanks everyone for sharing your knowledge and experiences!
Welcome to the community! I'm glad this thread has been helpful for your situation. It's really reassuring to see how many people have dealt with similar circumstances. The consensus from everyone here seems pretty clear - as long as you've been paying into Social Security throughout your career, WEP shouldn't apply just because you're receiving a portion of your ex's pension through divorce. But definitely get that written confirmation like Liv is doing! These rules can be so confusing and it's always better to have official documentation. Best of luck with your divorce proceedings and future Social Security planning!
This thread has been incredibly informative! I'm a Social Security disability attorney and I see confusion about WEP/GPO issues all the time. You're all absolutely correct that WEP only applies when the individual personally worked in non-covered employment. @Liv Park, your situation is a textbook example of where WEP should NOT apply - you've paid into Social Security your entire nursing career, and receiving a portion of your ex-husband's pension through divorce decree doesn't change that. The fact that PERS sends the payment directly to you doesn't make it "your" pension from non-covered employment. It's still considered property division from divorce. Getting written confirmation is smart, and asking for the specific POMS citation (likely RS 00605.364 for your situation) will help ensure consistency if you need to reference it later. Working those extra 2 years to hit 30 years of substantial earnings is also a great safety net, though it shouldn't be necessary in your case.
My two cents - make sure when you apply that you specify you want benefits to START in May 2025 (your FRA month), not that you're APPLYING in May. You can actually apply up to 4 months before you want benefits to begin. So you could apply in January or February but specify May as your benefit start month.
Based on everyone's helpful responses, it sounds like you're in great shape! I'm actually in a similar situation - planning to retire next year with a gap before my FRA. One thing I'd add is that you might want to create a my Social Security account at ssa.gov if you haven't already. You can see your complete earnings history there and get an estimate of your benefits. It really helped me visualize how the highest 35 years calculation works. Plus, having that account set up will make the application process smoother when you're ready to file. Good luck with your retirement planning!
I've been fighting this battle for my retired teacher sister for years. Even with the current awful GPO rules, make sure they calculate everything correctly. Get your friend to request a Benefit Verification Letter that shows exactly how they calculated everything. Sometimes they don't apply the correct COLA increases to the deceased spouse's benefit before applying the offset. Also, make sure they're using her GROSS pension amount, not her net take-home after health insurance and tax deductions. I've seen them make this mistake too!
As someone new to understanding these rules, I'm wondering - if your friend does end up being eligible for some survivor benefits now, would she also need to worry about taxes on those benefits? At 89 with limited income from just her teacher's pension, I'm curious if Social Security survivor benefits would be taxable for her or if her total income might be low enough to avoid taxes on them. Just thinking about the overall financial impact if she does qualify.
Smart move deciding to wait! I'm 65 and went through this exact analysis two years ago. One thing to add - since you're actively running a landscape business, you might want to consider gradually transitioning some of the day-to-day operations to employees or subcontractors as you get closer to your claiming strategy. This could help reduce your Schedule C net profit (which counts toward the earnings test) while still maintaining ownership income. Also, double-check that your rental properties are properly classified as passive income on your tax returns. If you're doing significant property management work yourself (more than material participation), the IRS might classify some of that as active business income, which would then count against the SS earnings test. I ended up creating a 5-year plan to gradually reduce my active business income while keeping my investment income steady. It's working out well so far!
That's really smart planning! I never thought about gradually transitioning business operations to reduce my active income while keeping ownership. My landscape business is definitely all active income since I'm hands-on with most projects. The 5-year transition plan sounds like exactly what I need to do - maybe start training someone to take over more of the daily operations while I focus on the business side. Thanks for the tip about double-checking the rental property classification too. I'm pretty sure mine qualify as passive since I use a property management company, but I'll verify that with my accountant.
One thing I haven't seen mentioned yet is the potential tax implications of your decision. With $19k monthly income, you're likely in a higher tax bracket now than you might be in retirement. Social Security benefits can be taxable (up to 85% of benefits for higher earners), so claiming later when you might have lower overall income could actually be more tax-efficient. Also, consider that if you're still actively working and earning at this level, you probably don't NEED the Social Security income right now for living expenses. The "guaranteed" 8% annual increase from delayed retirement credits until age 70 is pretty hard to beat in today's investment environment, especially with no risk. I'd suggest running the numbers with a fee-only financial planner who can model different scenarios including the tax implications. Sometimes the break-even point for waiting vs. claiming early is much longer than people realize when you factor in taxes and investment opportunity costs.
This is such an important point about the tax implications! I hadn't really thought about how my current high income bracket affects the decision. You're absolutely right that I don't NEED the Social Security income right now - I was just thinking "why not start collecting something" without considering the bigger financial picture. The guaranteed 8% return until age 70 does sound pretty attractive compared to market uncertainty. I think I definitely need to talk to a financial planner who can run scenarios with my specific tax situation. Thanks for bringing up the taxation of SS benefits too - I knew they could be taxable but didn't realize it could be up to 85% for higher earners like me.
Malia Ponder
Thank you all for the helpful information! I think I understand the situation better now. My husband would still likely benefit from the spousal boost even with filing early, but: 1. He can't receive ANY spousal benefits until I file at my FRA 2. He needs to explicitly request spousal benefits when applying 3. He'll get his own reduced benefit PLUS potentially an additional amount to reach the reduced spousal benefit level I think we need to run some calculations and possibly consult with SSA directly before making our final decision. I appreciate everyone sharing their experiences and knowledge!
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Kyle Wallace
•That's a perfect summary of the situation. One additional note: when calculating the potential benefit, remember that your husband filing at 65 means his own benefit will be reduced from $1252, and his potential spousal benefit will be reduced from the maximum of $1666.50. The exact calculations can get complex, which is why consulting with SSA directly is a good plan.
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Anastasia Popova
Just wanted to add one important point that might help with your planning - you mentioned your husband is planning to retire at 65, but remember that he doesn't have to file for Social Security benefits just because he retires from work! If you have other sources of income (401k, savings, etc.) to bridge the gap, he could potentially retire at 65 but delay filing for SS until you claim at your FRA. That way he'd avoid the early filing reduction on both his own benefit AND any spousal benefits. Of course, this only works if you can afford to wait, but it's worth considering since the financial impact of those reductions lasts for life. The break-even analysis between claiming early vs. waiting can be tricky, especially when spousal benefits are involved.
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