The Social Security Fairness Act, signed into law on January 5, 2025, by former President Biden, repealed the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) rules. These rules reduced Social Security benefits for public sector employees who receive pensions from jobs not covered by Social Security. As a result, eligible employees may see an increase in their Social Security benefits.

Frequently asked questions
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The Act affects current and former employees of state and local governments that offer a pension plan instead of covering employees under Social Security. It impacts those who:

  • Receive or are eligible to receive Social Security retirement benefits due to work history for employers that did withhold Social Security taxes
  • Receive or are eligible to receive Spousal or Survivor Social Security benefits
According to the Social Security Administration (SSA), this isn’t necessarily the case. Only individuals who receive a pension based on work not covered by Social Security may see benefit increase. About 72% of state and local public employees pay Social Security taxes and aren’t affected by WEP and GPO rules1. As a result, those individuals won’t see an increase due to the new law.
The Act was signed into law on January 5, 2025, and applies retroactively to payments from January 2024.

The Act could increase future monthly payments for some Americans. The amount can vary by person depending on multiple factors, including the type of Social Security benefit and the amount of their pension. Some eligible participants may receive only a slight increase while others may receive an increase of over $1,000 each month.

Participants can access a benefit estimator and other resources on the Social Security Administration’s website.
The SSA has not yet set a specific timeline for benefit payment changes. However, those affected by either the WEP or the GPO can expect to receive a lump sum payment for the additional Social Security benefits from 2024 and any part of 2025 before the Act's implementation.

If you’re already receiving a Social Security benefit, you do not need to take any action. However, you should ensure that your information is accurate by visiting ssa.gov/myaccount.

If you or your spouse (if applicable) never applied, you can do so by visiting ssa.gov/apply. The application will continue collecting pension information while the SSA works to update it, but providing pension information won’t result in a benefit offset.
This page will be updated as additional information becomes available. However, for more information on the Act or to take action, visit the Social Security Administration FAQ page.

[1] Source: Social Security Fairness Act: Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) update | SSA