WASHINGTON, D.C. — A new wave of legislative attention in Congress has brought renewed focus to a long-standing issue affecting spouses like your wife: individuals who receive a pension from non-Social Security-covered employment.
The key question many families are now asking is: Will new legislation allow my spouse, who didn’t pay into Social Security, to qualify for benefits?
Your wife, who is 66 and receiving a pension from a government job or non-covered employer, may be affected by existing laws like the Government Pension Offset (GPO) or Windfall Elimination Provision (WEP)—two controversial rules that have, for decades, reduced or eliminated Social Security benefits for certain public-sector retirees.
Background: Why Some Workers Don’t Qualify
Millions of Americans—particularly teachers, police officers, firefighters, and other public workers—participate in state or local pension plans rather than paying into the Social Security system.
This means that while they receive a pension, they may not be eligible for Social Security retirement benefits unless they worked in a job that contributed to Social Security for at least 10 years (40 quarters).
Spouses in this situation are typically affected by two key provisions:
- Windfall Elimination Provision (WEP): Reduces benefits for those who receive a public pension and qualify for Social Security through other work.
- Government Pension Offset (GPO): Affects spouses, widows, and widowers who receive a government pension but did not pay Social Security taxes. It can reduce or eliminate any Social Security spousal or survivor benefits they might otherwise be entitled to.
According to the Social Security Administration (SSA), about 2 million Americans are affected by the GPO alone.
What the Law Currently Says
As of now, your wife would not automatically qualify for Social Security spousal benefits if her only income is from a government pension and she never paid into Social Security.
However, if your wife had at least 40 quarters (10 years) of employment under Social Security, she could be eligible for reduced retirement benefits based on her own record. If she qualifies only through you (as a spouse), and her government pension is substantial, the GPO may significantly reduce or eliminate that benefit.
For example, if her monthly government pension is $1,200, and she would have been eligible for a $600 spousal benefit, the GPO could reduce her Social Security benefit to $0. The formula subtracts two-thirds of her pension from the Social Security benefit.
Use the SSA’s GPO calculator to estimate potential reductions.
What’s Changing: Legislative Push to Repeal GPO and WEP
There is renewed interest in eliminating or reforming these provisions. In 2025, lawmakers introduced a bipartisan bill titled the Social Security Fairness Act, aimed at repealing both WEP and GPO entirely.
- H.R. 82 and its companion in the Senate, S. 597, are designed to restore full benefits to those impacted by GPO and WEP.
- If passed, it could allow spouses like your wife to receive full Social Security spousal or survivor benefits, even if they also receive a government pension.
As of this writing, the bill has strong support from labor unions, retiree associations, and public sector employee groups, but it has not yet been signed into law.
Advocates argue that the provisions are unfair and penalize public servants, while critics raise concerns about the long-term financial impact on the Social Security Trust Fund.
Follow the bill’s progress via the Congress.gov bill tracker.
What You Can Do Now
While the legislation is still pending, here are steps your wife can take today:
- Check Her Work History: If your wife has any work history under Social Security—even part-time jobs—she can review her earnings record through My Social Security to see if she qualifies for a personal benefit.
- Estimate Spousal Benefits: If you are receiving Social Security and she is eligible as a spouse, calculate how much she would receive with and without the GPO using the spousal benefit calculator.
- Stay Informed on Legislative Changes: The SSA does not automatically alert recipients about law changes. Keep an eye on official updates via the SSA Newsroom or subscribe to congressional newsletters if your representative supports the Social Security Fairness Act.
- Speak With a Social Security Representative: Call 1-800-772-1213 or visit your local SSA office to discuss your wife’s eligibility based on your records and her pension.
In Summary
Under current law, your wife likely does not qualify for Social Security spousal benefits if she never paid into the system and receives a government pension. However, the outcome could change depending on whether Congress passes the Social Security Fairness Act, which aims to repeal GPO and WEP.
This legislative change would represent a significant shift in how Social Security treats public-sector retirees and their families. For now, it’s important to understand current law, track the bill’s progress, and explore all available tools to plan accordingly.
For full details on the GPO, WEP, and legislative updates, visit the official SSA site.
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