The Representative's Corner

In my quest to keep Ohioans affected by the recent elimination of the federal Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) informed, I want to provide you with an update on the implementation of the Federal Social Security Fairness Act. As a member of the Ohio Retirement Study Council and Ranking Member of the Ohio House of Representatives Public Insurance and Pensions Committee, I recently discovered that many spouses or surviving spouses of Social Security beneficiaries may need to apply for the benefit to which they are entitled due to the elimination of the WEP and GPO.

The newly passed Federal Social Security Fairness Act eliminated the, so called, Windfall Elimination Provision (WEP) and Government Pension Offset (GPO), allowing public employees who paid into state sponsored retirement systems, such as the Ohio Public Employees Retirement System (OPERS) and State Teachers Retirement System (STRS), and their spouses or surviving spouses to receive their full social security benefits. This is long overdue and I am glad that our dedicated public servants and their spouses will finally get the benefit they worked hard for, were promised, and deserve.

However, because the GPO reduced or eliminated Social Security spouse’s or surviving spouse’s benefits, some non-covered pension recipients never applied for benefits and need to apply now in order to receive their benefit.

Because the filing date of your application may affect when your benefit begins and the amount of your benefit, it is highly recommended to apply as soon as possible. To apply for the spouses’ benefit, visit www.ssa.gov/apply and select “Family Benefits.” The surviving spouses’ benefit application is not available online. You may call 800-772-1213 Monday through Friday 9:00 am to 6:00 pm for assistance. When prompted say, “Fairness Act.” You may also visit www.ssa.gov for more information about the WEP and GPO.

During my first term I co-sponsored Ohio House Concurrent Resolution 6 calling on Congress to repeal the WEP and GPO to give public servants who paid into Social Security and their spouses their full benefits upon retirement. I have always referred to WEP and GPO as the public service penalty. Needless to say, I was very pleased when the Resolution passed in early 2024 and was subsequently sent to Ohio’s Congressional delegation.

The WEP and GPO were unfairly enacted over four decades ago as modified benefits programs for employees who received a pension for their public service, even though they had attained their Social Security credits. Under the WEP, public employees could have their Social Security earning potentially lowered by up to 50% due to also earning a public pension. Under GPO spouses or surviving spouses saw a reduction or elimination of benefits. There are currently more than 1.7 million people in Ohio’s public retirement systems who are affected by WEP and approximately 450,000 beneficiaries.