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'          Congressional Research Service
  Intfo rmrng the Vegiative debate since 1914


                                                                                         Updated May 14, 2019

Social Security: The Windfall Elimination Provision (WEP) and

the Government Pension Offset (GPO)


Background
Social Security is a work-related, federal insurance program
that provides income support to workers and their eligible
family members in the event of the worker's retirement,
disability, or death. A worker's employment or self-
employment is considered covered by Social Security if the
services performed in that job result in earnings that are
taxable and creditable for program purposes. Although
participation in Social Security is compulsory for most
workers, about 7% of all workers in paid employment or
self-employment are not covered by Social Security.
Noncovered workers include state and local government
employees covered by alternative staff-retirement systems;
most permanent civilian federal employees hired before
January 1, 1984, who are covered by the Civil Service
Retirement System (CSRS) or other alternative retirement
plan; employees covered by the Railroad Retirement
system; domestic, election, or farm workers with earnings
below certain thresholds; people with low levels of net
earnings from self-employment; and certain nonimmigrants.

The Windfall Elimination Provision (WEP) and the
Government Pension Offset (GPO) are two separate
provisions that reduce regular Social Security benefits for
workers and their eligible family members if the worker
receives (or is entitled to) a pension based on earnings from
employment not covered by Social Security.

The Windfall Elimination Provision
The WEP applies to most people who receive both a
pension from noncovered work (including certain foreign
pensions) and Social Security benefits based on fewer than
30 years of substantial earnings in covered employment or
self-employment. In 2019, the amount of substantial
earnings in covered employment or self-employment
needed for a year of coverage (YOC) is $24,675. This
amount is adjusted annually by the growth in average
earnings in the economy, provided a cost-of-living
adjustment (COLA) is payable. The WEP affects retired- or
disabled-worker beneficiaries and their eligible dependents.
However, it does not affect survivor beneficiaries.

The Social Security benefit formula is progressive,
replacing a greater share of career-average earnings for
low-paid workers than for high-paid workers. The regular
benefit formula applies three factors-90%, 32%, and
15 %-to three different brackets of a worker's average
indexed monthly earnings (AIME), which is a measure of
career-average earnings in covered employment or self-
employment. The result is the primary insurance amount
(PIA), which is the worker's basic benefit before any
adjustments are made for factors such as COLAs, early
retirement, or delayed retirement. For workers who become


eligible for benefits in 2019, the PIA is determined based
on the formula in Table 1. The dollar amounts in the table,
known as bend points, are adjusted annually for average
earnings growth.

Table I. Social Security Benefit Formula for Workers
Who Attain Age 62, Become Disabled, or Die in 2019

Factor     Average Indexed Monthly Earnings (AIME)

90%       of the first $926 of AIME, plus

32%       of AIME over $926 and through $5,583, plus

15%       of AIME over $5,583

For people with 20 or fewer YOCs who become eligible for
benefits in 2019, the WEP reduces the first factor from 90%
to 40%, resulting in a maximum reduction of $463 (90% of
$926 minus 40% of $926). For each year of substantial
earnings in covered employment or self-employment in
excess of 20, the first factor increases by 5%. For example,
the first factor is 45% for those with 21 YOCs. The WEP
factor reaches 90% for those with 30 or more YOCs and at
that point is phased out.

The WEP includes a guarantee that the reduction in the
benefit amount caused by the WEP formula can never
exceed more than one-half of the noncovered pension.
Thus, for workers who become eligible for benefits in 2019,
the maximum reduction under the WEP may be less than
$463. In addition, because the WEP reduces the initial
benefit amount before it is reduced or increased due to early
retirement, delayed retirement credits, COLAs, or other
factors, the difference between the final benefit with the
WEP and the final benefit without the WEP may be less
than or greater than $463. However, the maximum WEP
reduction is still limited to 50% of the noncovered pension.

How Many People Are Affected by the WEP
As of December 2018, nearly 1.9 million people (or about
3% of all Social Security beneficiaries) were affected by the
WEP. About 1.7 million of those affected were retired-
worker beneficiaries, which was about 4% of the entire
retired-worker beneficiary population. The remaining
affected individuals were disabled-worker beneficiaries and
eligible family members of retired- or disabled-worker
beneficiaries.

Legislative History and Rationale
The WEP was enacted in 1983 as part of major
amendments designed to shore up the financing of Social
Security. Its purpose was to remove an unintended
advantage or windfall that the regular Social Security


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