Public sector workers such as teachers, firefighters, or police officers will finally be able to reap their full Social Security benefits now that the Social Security Fairness Act has officially come into effect.
What is the Social Security Fairness Act?
Amongst his final acts as president of the country, former President Joe Biden signed the Social Security Fairness Act into law. As a result of this, the Windfall Elimination Provision and the Government Pension Offset were effectively eliminated, meaning that public sector workers would no longer have their benefit amounts reduced.
Under the Windfall Elimination Provision and the Government Pension Offset, public sector workers such as teachers, police officers, or firefighters had had their Social Security benefits reduced because they were also receiving a pension for non-covered government employment.
Fortunately for this cohort of workers, as of January 2024, their benefit amounts have been increased to the full amount they are entitled to. The beneficiaries would have had their benefit amounts automatically and no action would have needed to be taken. As of April 2025, the Social Security Administration (SSA) has completed the adjustments for around 85% of the impacted parties and hopes to have this process completed by November of this year.
What to do now that the new Fairness Act is in full effect?
The Social Security Fairness Act applies to those who are receiving benefits to get on their own record, such as disability or retirement benefits. It will also apply to the benefit of a spouse or surviving spouse on another individual’s record.
The action that a beneficiary will have to take depends on the individual’s situation, as well as what type of benefits they are eligible for.
For those entitled to retiree or disabled workers’ benefits who had been dealt with a reduction as a result of the Windfall Elimination Provision (WEP), or those who are entitled to a spouse’s or surviving spouse’s benefits but had this benefit amount reduced as a result of the Government Pension Offset (GPO), the following should be noted:
- No action needs to be taken at this time if a beneficiary is certain that the SSA has their correct mailing address and direct deposit information on file.
- If a beneficiary would like to confirm or verify that the mailing address and direct deposit information on file is correct, according to the SSA, they should:
- Check your personal my Social Security account. Visit www.ssa.gov/my account to sign in or create an account.
- If you are unable to create an account, please call 1-800-772-1213 to verify the information we have on file.
By ensuring that all relevant personal information on file with the SSA is correct, the beneficiary will be able to receive their increased benefit as well as the retroactive payment sooner.
For those who had previously never applied for benefits due to the WEP or GPO, an applications needs to be filled out. The benefit amount and the date on which you will begin receiving benefits may vary depending on the date of your application. The SSA has, however, also stated that “each case is different, and all other Social Security laws and policies, such as benefit reductions for claiming benefits before the full retirement age, the retirement earnings test, and others, still apply.”
How to apply for retirement or spouse benefits
The simplest way to apply for retirement or spouse’s benefits is online via the SSA website at www.ssa.gov/apply. It should be noted that pension information will continue to be collected by the online application until the agency is able to update it. The benefit will not be offset, however.
When applying for spouse’s benefits, it should be noted that “that selecting “Family Benefits” will take you to the application for Retirement/Medicare benefits. This process ensures that you will be considered for all benefits you are entitled to.”
The agency will take applications by phone for those who did not apply due to the WEP and GPO. These individuals should call 1-800-772-1213 Monday through Friday, from 9:00 a.m. to 6:00 p.m. ET.
Additionally, for surviving spouse benefits, the application is not available online. Applicants for this should call 1-800-772-1213 Monday through Friday, from 9:00 a.m. to 6:00 p.m. ET.