How do you avoid the Windfall Elimination Provision?

The WEP can reduce eligible Social Security benefits by as much as 60%. It has a maximum deduction equal to one-half of your pension payment. To avoid the WEP, you'll need to work at least 30 years in a qualifying (Social Security-eligible) position with substantial earnings (for 2021, this is $26,500 or more).
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Who is exempt from Windfall Elimination Provision?

Workers who have 30 years of coverage (YOCs) are fully exempt from the Windfall Elimination Provision (WEP). Workers with 21 to 29 YOCs are eligible for a partial exemption.
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Will WEP ever be eliminated?

H.R. 82, titled the “Social Security Fairness Act,” was introduced in the House of Representatives in January 2021. It aims to eliminate both the WEP and GPO.
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How long do you need to avoid WEP?

If you have more than 20 years of substantial covered earnings (where you paid Social Security tax), the impact of the WEP begins to diminish. At 30 years of substantial covered earnings, the WEP does not apply.
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How do I get around WEP?

Another possible way to avoid WEP is to have at least 30 years of Social Security covered earnings that are high enough to count as a year of coverage (YOC) according to WEP guidelines (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300605362).
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Windfall Elimination Provision - How To Reduce It



What is the max WEP reduction for 2021?

However, the maximum WEP reduction is still limited to 50% of the noncovered pension. How Many People Are Affected by the WEP? As of December 2021, about 2.0 million people (or about 3% of all Social Security beneficiaries) were affected by the WEP.
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What is the maximum WEP reduction for 2022?

The maximum Windfall Elimination Provision (WEP) deduction for 2022 is $512.
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How much will my Social Security be reduced if I have a private pension?

How much will my Social Security benefits be reduced? We'll reduce your Social Security benefits by two-thirds of your government pension. In other words, if you get a monthly civil service pension of $600, two-thirds of that, or $400, must be deducted from your Social Security benefits.
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Can you collect a pension and Social Security at the same time?

Yes. There is nothing that precludes you from getting both a pension and Social Security benefits. But there are some types of pensions that can reduce Social Security payments.
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What income reduces Social Security benefits?

If you are younger than full retirement age and earn more than the yearly earnings limit, we may reduce your benefit amount. If you are under full retirement age for the entire year, we deduct $1 from your benefit payments for every $2 you earn above the annual limit. For 2022, that limit is $19,560.
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Will the windfall provision be repealed?

January 4, 2021, Congressman Rodney Davis (R-IL-13) introduced H.R. 82 to repeal the WEP and GPO. It is important that CalRTA continues to push our California Representatives to sign on as co-sponsors. Check the list of co-sponsors to see if your representative is listed.
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What is considered substantial earnings for WEP?

Substantial earning is defined in a Social Security chart. You can find the chart at the Social Security website but for our purposes, “substantial earnings” range from $900 in 1937 to $25,575 in 2020. The maximum WEP reduction is limited to 50% of your non-covered pension.
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What is the WEP formula?

HOW THE WEP WORKS: Social Security benefits are calculated by applying three different percentages to a person's lifetime average indexed monthly earnings ( AIME ) and adding them up to obtain the worker's monthly benefit (primary insurance amount ( PIA )) at full retirement age.
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Do you get less Social Security if you have a pension?

Does a pension reduce my Social Security benefits? In the vast majority of cases, no. If the pension is from an employer that withheld FICA taxes from your paychecks, as almost all do, it won't affect your Social Security retirement benefits.
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Do I have to report my pension to Social Security?

Pension payments, annuities, and the interest or dividends from your savings and investments are not earnings for Social Security purposes.
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Can pensions be taken away?

A number of situations could put your pension at risk, including underfunding, mismanagement, bankruptcy, and legal exemptions. Laws exist to protect you in such circumstances, but some laws provide better protection than others.
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Can I collect spousal benefits and wait until I am 70 to collect my own Social Security?

You can only collect spousal benefits and wait until 70 to claim your retirement benefit if both of the following are true: You were born before Jan. 2, 1954. Your spouse is collecting his or her own Social Security retirement benefit.
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Do 401k withdrawals count as income for Social Security?

However, for Social Security, the age at which you elect to begin receiving the benefits and your total work earnings will determine how much you receive. Therefore, 401(k) withdrawals are independent of Social Security benefits. So, your 401(k) withdrawals do not count as income for Social Security.
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Are Social Security benefits taxed after age 66?

Are Social Security benefits taxable regardless of age? Yes. The rules for taxing benefits do not change as a person gets older. Whether or not your Social Security payments are taxed is determined by your income level — specifically, what the Internal Revenue Service calls your “provisional income.”
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What changes are coming to Social Security in 2022?

Key Takeaways
  • Social Security recipients will get a 5.9% raise for 2022, compared with the 1.3% hike that beneficiaries received in 2021. ...
  • Maximum earnings subject to the Social Security tax also increased—from $142,800 a year to $147,000.
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Is it better to take Social Security at 62 or 67?

The short answer is yes. Retirees who begin collecting Social Security at 62 instead of at the full retirement age (67 for those born in 1960 or later) can expect their monthly benefits to be 30% lower. So, delaying claiming until 67 will result in a larger monthly check.
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Can you collect Social Security at 66 and still work full time?

When you reach your full retirement age, you can work and earn as much as you want and still get your full Social Security benefit payment.
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Does WEP reduce spousal benefits?

In addition to reducing a person's retirement (or disability) benefit, WEP can indirectly reduce any spousal benefits based on that person's Social Security earnings record. Notably, the indirect WEP reduction does not carry over to widow(er)'s benefits.
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How do I know if I have 40 credits for Social Security?

Earn 40 credits to become fully insured

In 2022, the amount needed to earn one credit is $1,510 . You can work all year to earn four credits, or you can earn enough for all four in a much shorter length of time. If you earn four credits a year, then you will earn 40 credits after 10 years of work.
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