3 Social Security Rules All Married Retirees Need to Understand After the WEP and GPO Repeal

Quick Read

• The Social Security Fairness Act repealed the Government Pension Offset and Windfall Elimination Provision, allowing 2.8 million public employees to now receive spousal benefits of up to 50% of a spouse’s full retirement amount without pension deductions.

• When one spouse dies, the survivor inherits the deceased’s benefit at whatever age they claimed it, so delaying the higher earner’s claim from 62 to 70 could preserve hundreds of dollars monthly in survivor benefits for their spouse.

The Social Security Fairness Act was signed into law on January 5, 2025, repealing two provisions that had quietly cut benefits for more than 2.8 million teachers, firefighters, police officers, and federal employees. For married retirees in that group, the rules have changed in ways that require immediate attention.

A married couple considers their Social Security options as they plan for retirement.

The Spousal Benefit Floor Just Changed Dramatically

A spouse can receive up to 50% of the higher earner’s full retirement benefit, but the Government Pension Offset used to wipe most of that out for public employees. The GPO reduced spousal benefits by two-thirds of the pension amount, meaning a retired teacher with, for example, a $2,400 monthly pension would have had $1,600 subtracted from any spousal benefit. On a $1,200 spousal benefit, that left zero.

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That offset no longer applies. For example, if your spouse’s Social Security benefit is $2,000 per month at full retirement age, you could now receive up to $1,000 per month with no pension deduction.

If you never applied for spousal benefits because GPO made them worthless, filing as soon as possible is generally advisable. You can start a claim at SSA.gov.

Why the Higher Earner’s Claiming Age Now Matters More Than Ever

When one spouse dies, the survivor can step up to the deceased spouse’s benefit if it is larger. Survivor benefits range from 71.5% to 100% of the deceased spouse’s benefit depending on the survivor’s age at the time of claim. The benefit the survivor inherits is based on what the higher earner was actually receiving, not what they could have received.

If the higher earner claimed at 62 instead of waiting until 70, the survivor inherits that permanently reduced amount for life. On a $3,000 full benefit, for example, early claiming can shave hundreds of dollars off the monthly survivor check. With the WEP and GPO now repealed, public-sector spouses who were previously shut out of survivor benefits are suddenly exposed to this risk for the first time, making the higher earner’s claiming age one of the most consequential decisions a couple can make.

Deemed Filing: The Rule That Quietly Caps Your Spousal Benefit

Full retirement age is 67 for anyone turning 62 in 2026. If you claim your own Social Security benefit before full retirement age, deemed filing automatically enrolls you in spousal benefits at the same time. You receive whichever amount is higher, not both. For public employees who now qualify for spousal benefits after the GPO repeal, claiming early could inadvertently cap what they receive from their spouse’s record as well.

Waiting until full retirement age preserves the ability to choose between your own benefit and the spousal benefit independently.

What to Do Now

1. Log into your account at SSA.gov and review your updated benefit estimates, which should now reflect the repeal.

2. If you were previously denied spousal or survivor benefits due to GPO, file a new application.

3. Before claiming anything, compare your own benefit at various ages against the spousal benefit, particularly if you are within a few years of full retirement age.

The timing of when each spouse claims can significantly affect lifetime survivor benefits, depending on how long each spouse lives. A fee-only financial planner familiar with Social Security rules can help evaluate the options before locking in a claiming date.

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