Social Security restriction repeal boosts some recipients’ payments by $1K or more

Some Social Security recipients are seeing bigger payments this year thanks to the way benefits are calculated.

The end of two benefit restrictions has opened up bigger payments for eligible widows and divorced spouses of approximately 28 percent of state and local public employees, according to the Social Security Administration. The repeal will impact around 2.5 million Social Security recipients, the Congressional Budget Office noted in a November analysis.

Positions that fit that category of employee include police, firefighters and teachers. The restrictions came to an end when President Joe Biden signed the Social Security Fairness Act in January 2025, and the changes have rolled out slowly since then.

Widows and divorced spouses are impacted by the changes because how much they receive can be tied to how much their spouse earned.

The Social Security Administration will pay widows and divorced spouses a certain percentage of their former spouse’s Social Security (“spousal benefit”) based on age: over 71.5% of the spouse’s benefit at 61, over 80% at 63, over 90 percent at age 65 and up to 100 percent at full retirement age (ranges from 66 to 67).

Before the Fairness Act went into effect, those benefit amounts were lower for some spouses because of the “windfall elimination provision” and “government pension offset.” The two restrictions decreased the recipient’s payments in specific scenarios, which typically meant the recipient’s spouse would see lower payments.

The windfall elimination provision prevented state employees from receiving their state pension and Social Security payments. That restriction is now lifted.

The government pension offset throttled the amount of money for spouses who were entitled to spousal benefits and a government pension.

With those two restrictions removed, the Social Security Administration estimates that individuals could earn an extra $1,000 or more in monthly benefits.

The National Education Association, the largest labor union in the country, noted that the repeal of the windfall elimination provision and government pension offset would boost Social Security payments to its members by an average of $360 per month.

Another labor union, the International Association of Fire Fighters, noted that some of its members could see their benefits rise as much as $587 because of the repeal.

“The amount monthly benefits may change can vary greatly,” the administration notes. “Depending on factors such as the type of Social Security benefit received and the amount of the person’s pension.”

Spouses can check their eligibility and potential benefit amount by calling the Social Security Administration at 1-800-772-1213.