Social Security Fairness Act and the Repeal of the Windfall Elimination Provision

On January 5, 2025, President Biden signed the Social Security Fairness Act into law, marking a significant reform for firefighters, police officers, and teachers. This legislation eliminates two controversial provisions—the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO)—thereby providing fairer Social Security benefits to millions.  

Understanding the Windfall Elimination Provision (WEP) 

The WEP was introduced in 1983 to prevent individuals who worked in both “covered” (Social Security-taxed) and “non-covered” (non-Social Security-taxed) employment from receiving disproportionately high benefits. However, this provision often resulted in reduced Social Security benefits for public servants who had also worked in private-sector jobs.  

Impact of the Repeal on Firefighters 

With the repeal of the WEP under the new law, firefighters who have split their careers between public service and private-sector roles will no longer face reductions in their Social Security benefits. This change acknowledges the diverse career paths many firefighters undertake and ensures they receive the full benefits they've earned.  

Implementation Timeline and Considerations 

The Social Security Administration is currently evaluating how to implement the new law. Several unknowns remain, but here’s what we know so far... 

  • December 2023 is the last month that WEP and GPO will apply. This means that those rules no longer apply to benefits payable for January 2024 and later 

  • Retroactive benefits will be paid

  • You should ensure your address and direct deposit information is up-to-date at ssa.gov 

SSA expects that it could take more than one year to adjust benefits and pay all retroactive benefits. They’ve created this webpage where you can subscribe to receive updates!

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