Teachers vs. Social Security Law: Controversy Over ‘WEP’ and ‘GPO’ Unfolds

San Francisco, CA – A teacher in California expresses frustration over the elimination of her spousal benefits due to her teacher pension. The teacher, who was married to her ex-husband for 30 years, spent 14 years as an unemployed mom and community volunteer before becoming a teacher and earning a pension. The teacher’s situation highlights the impact of the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO) on retirees from public service in states that do not participate in the federal Social Security program.

The teacher’s letter to AMAC Certified Social Security Advisor Russell Gloor, from the Association of Mature American Citizens, describes her predicament. Gloor acknowledges that many retirees from public service in states exempt from the Social Security program share the same frustration. Unfortunately, despite legal challenges, the WEP and GPO provisions have maintained their impact on retirees for the past four decades.

The teacher’s non-covered pension from her state employment triggers a reduction in her Social Security retirement benefit through WEP. Additionally, the GPO has eliminated the spousal benefit she might have received from her ex-husband. Gloor explains the logic behind the GPO, which applies similar principles to a spouse with a non-covered pension, offsetting their spousal benefit by the amount of their own non-covered retirement pension.

As a consequence of working for a state that does not participate in the federal Social Security program, the teacher finds herself in a frustrating situation. While Congress justifies these provisions as necessary for equalizing benefits for Social Security beneficiaries, the impact of WEP and GPO is significant. With approximately 2 million beneficiaries affected by WEP and over 700,000 affected by the GPO, the teacher is not alone in her displeasure. However, Congressional representatives have yet to soften the impact of these provisions, prompting affected individuals to voice their concerns to their representatives.

The teacher’s predicament sheds light on the challenges faced by retirees in states exempt from the federal Social Security program. The ongoing impact of the WEP and GPO provisions continues to affect the retirement benefits of public service employees, leaving many retirees feeling unfairly treated by the system.