Ask Rusty – About the fairness of ‘WEP’ and ‘GPO’
Dear Rusty: I was married to my ex-husband for 30 years. For 14 of those years, I was an unemployed mom and community volunteer. After my sons were grown, I began teaching in California and earned a teacher pension. That teacher pension eliminates ALL the spousal benefits my husband paid for. How can that be justified? I, like a number of my retired friends, rent out rooms in my house to be able to live on a small teacher’s pension and get none of my earned spousal benefits. Signed: Frustrated Teacher Dear Frustrated Teacher: I can only say that your frustration is shared by many retirees from public service in States which do not participate in the federal Social Security program – that is, neither the employee nor the State contribute to the federal Social Security program. There are about 26 states (including California) which exempt at least some of their employees (and themselves) from paying Social Security payroll taxes, but those states are obligated to provide retirement benefits robust enough to offset the loss of Social Security benefits which will occur later in life after the employee retires. As controversial as these laws - the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO) - are, they have withstood legal challenges since they were enacted four decades ago.
