Opinion

Ask Rusty – About the fairness of ‘WEP’ and

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.
Ask Rusty – Can I voluntarily suspend my Social Security benefits?

Ask Rusty – Can I voluntarily suspend my Social Security benefits?

Dear Rusty: My wife retired in 2015 and is receiving Social Security. I am past my full retirement age, and I still work. I recently filed for Social Security benefits and received my first payment earlier this month, and my benefits are around three times my wife’s. I now find that, due to other income, I am having some regrets about filing for Social Security, as the taxes will be complicated. So, my questions are: 1. If I do a “Voluntary Suspension”, can my wife still apply to get up to 50% of my benefits, or do I have to be “actively” receiving Social Security benefits? In other words, does the “Bipartisan Budget Act of 2015” prevent this? 2. If I do a “Voluntary Suspension”, how soon could I “restart” my benefits? Signed: Having Second Thoughts Dear Second Thoughts: The Bipartisan Budget Act of 2015 closed a loophole which previously allowed someone to file for their Social Security retirement benefit in order for their marital partner to claim a spousal benefit, after which the primary beneficiary could suspend their own benefit and allow it to grow to maximum at age 70. That “file and suspend” option went away in April of 2016; thus, your wife cannot claim her spousal benefit while your Social Security retirement benefits are suspended (you must be “actively” receiving benefits for your wife to get benefits on your record).
Social Security Disability vs. Spouse Benefits vs. Survivor Benefits (and COLA)

Social Security Disability vs. Spouse Benefits vs. Survivor Benefits (and COLA)

Dear Rusty: I retired from working in June but will not sign up for Social Security until age 70 and, to do that, I plan to draw from my IRA for the next three years. My wife is receiving Social Security disability benefits and will reach her full retirement age in March of next year. I know that my wife simply reaching her full retirement age will not mean an increase to her benefit – except for COLA. What I’m wondering is, can my wife get spousal benefits of any sort based on my Social Security benefits - either before I draw or after I am drawing apart from her benefits at my death. Her Social Security disability amount is only a fraction of my maximum benefit. Signed: Baffled Husband Dear Baffled: Looks like you’re confused about your wife’s Social Security disability benefits, retirement benefits, spousal benefits, and survivor benefits. Here’s what you need to know.
‘Waisting’ away...

‘Waisting’ away...

A woman described her middle- aged hubby thusly: “He’s 44 inches around the waist, size seven and a half around the head, 95 around the golf course and a nuisance around the house.” Clever, of course, this play on phrases, but under the thin veneer of humor is a rock-hard truth about waistlines. Many men, as well as women, face ongoing warfare in the battle of bulges, and they’re losing.
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