“I’ve spent the last 10 years working myself to death, doing every extra duty job I could to make sure my retirement would be enough to sustain me,” says California teacher LaTonya Curlin. “Starting next year, I won’t have to work those four extra duty jobs.”
When former President Joe Biden signed the Social Security Fairness Act into law on Jan. 5, Curlin’s future suddenly looked a lot brighter.
The law repealed the Government Pension Offset (GPO) and Windfall Elimination Provision (WEP)—rules that became part of Social Security law in 1983, unfairly reducing the benefits that public employees or their spouses earned.
Curlin, her mother, and her twin sisters are all educators in California, one of the 15 states where educators were affected by GPO and WEP. In those states, public employees do not pay into Social Security. But many educators work second jobs and summer gigs, and some are career-changers who earned Social Security benefits that were drastically reduced by GPO and WEP.
“Teaching is my second career, but because of GPO and WEP, I didn’t think I would receive my full benefits from all the years I paid into Social Security,” says Curlin, a middle school math and science teacher and robotics coach in the Compton Unified School District. She expected to work until at least the age of 70, just as her mother did.
“And my mother, who is almost 80 years old, can stop substitute teaching in order to supplement her retirement income,” Curlin adds.
Retired Nevada teacher Judith Genone estimates that over the past 10 years, she has lost roughly $100,000 in Social Security benefits.
But when former President Joe Biden signed the Social Security Fairness Act into law, on Jan. 5, the future suddenly looked brighter for her and many other retired educators.
The law repealed the Government Pension Offset (GPO) and Windfall Elimination Provision (WEP), rules that became part of Social Security law in 1983, unfairly reducing the benefits that public employees or their spouses earned.
The victory means everything to Genone and educators like her.
At age 67, Genone was still teaching full-time. She also began drawing Social Security benefits she had earned through decades of side jobs and summer work.
“I received $1,200 each month,” she says. “But when I retired two years later and started drawing my pension, my Social Security benefit was immediately cut to $300 a month.”
What little was left went to covering the essentials: insurance, mortgage, taxes, food, and clothes.
“Who would have thought [our society] would be this unfair to people who go into education?” she asks.
Now, under the new rules, the full benefits she earned have been restored. Genone is thrilled to be able to save money and pay for plane fare to see family.
While the victory celebration continues, educators have reached out to NEA with questions about what happens next.
Frequently Asked Questions
What was the windfall elimination provision (WEP)?
WEP reduced the Social Security benefits of people who, over the course of their careers, worked in jobs covered by Social Security and jobs not covered by Social Security—for example, career-changers or educators compelled to take part-time or summer jobs to make ends meet.
What was the government pension offset?
GPO reduced—or eliminated—the Social Security spousal or survivor benefits of people who earned a pension through federal, state, or local government employment that was not covered by Social Security. Two-thirds of the pension amount is deducted from the Social Security benefit. More than 70 percent of those affected by GPO lost their entire spousal or survivor benefit.
Who was affected by GPO and WEP?
Educators who worked in 15 states where, as public employees, they paid into their state pension system, but not into Social Security, could have been impacted. Those states are Alaska, California, Colorado, Connecticut, Georgia, Illinois, Kentucky, Louisiana, Massachusetts, Maine, Missouri, Nevada, Ohio, Rhode Island, and Texas. Spouses of public employees may also have been affected since their spousal or survivor benefits would also be reduced.
What should I do if I am already retired and my social security benefits were reduced or completely offset?
At this time, you do not need to take any action except to verify that the Social Security administration has your current mailing address and direct deposit information. Most people can do this by visiting ssa.gov/MyAccount.
If I have not yet retired, how will I know if this change impacts me?
The first step is to review your employment history. These provisions typically affected state and local government employees who also worked in jobs that required them to pay into Social Security. For example, a teacher employed in a GPO/WEP state who works at a store every summer would see their Social Security benefits reduced.
The next step is to contact the Social Security Administration, which can provide personalized information about how the Social Security Fairness Act may impact your benefits. They can also help you calculate your new monthly benefits. Visit ssa.gov for more information and resources.
For more guidance and resources from NEA.
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