Rep. Brennan Announces Windfall Elimination Provision, Government Pensions Offset Issue

COLUMBUS – State Rep. Sean P. Brennan (Parma) today announced an update on the implementation of the Federal Social Security Fairness Act. Specifically, that many spouses and/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 federal Windfall Elimination Provision (WEP) and Government Pension Offset (GPO).

The newly passed Federal Social Security Fairness Act eliminated the WEP and 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.

“I have always referred to WEP and GPO as the public service penalty,” said Rep. Brennan, who serves on the House Public Insurance and Pensions Committee. “This was long overdue and I am pleased that our dedicated public servants and their spouses will finally get the benefit they worked hard for, were promised, and deserve.”

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 earnings 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 1.7M people in Ohio’s public retirement systems who are affected by WEP and approximately 450K beneficiaries.

Last General Assembly, Rep. Brennan co-sponsored Ohio House Concurrent Resolution (HCR) 6 calling on Congress to repeal the WEP and GPO to give public servants that paid into Social Security and their spouses their full benefits upon retirement. HCR 6 passed in early 2024 and was subsequently sent to Ohio’s Congressional delegation.

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. 

The surviving spouses’ benefit application is not available online. You may call 800-772-1213 Monday through Friday 8:00 am to 7:00 pm for assistance. You may also visit www.ssa.gov for more information about the WEP and GPO.

EDITOR’S NOTE: A picture of Rep. Brennan in the House Pensions Committee is attached to this press release. Courtesy: Ohio House Democrats