Windfall Elimination Provision 10045 EN 05

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2018

Windfall Elimination Provision
Your Social Security retirement or
disability benefits can be reduced
The Windfall Elimination Provision can affect how we
calculate your retirement or disability benefit. If you
work for an employer who doesn’t withhold Social
Security taxes from your salary, such as a government
agency or an employer in another country, any
retirement or disability pension you get from that work
can reduce your Social Security benefits.

When your benefits can be affected
This provision can affect you when you earn a
retirement or disability pension from an employer who
didn’t withhold Social Security taxes and you qualify
for Social Security retirement or disability benefits from
work in other jobs for which you did pay taxes.
The Windfall Elimination Provision can apply if:
• You reached 62 after 1985; or
• You became disabled after 1985; and
• You first became eligible for a monthly pension based
on work where you didn’t pay Social Security taxes after
1985. This rule applies even if you’re still working.

This provision also affects Social Security benefits for
people who performed federal service under the Civil
Service Retirement System (CSRS) after 1956. We
won’t reduce your Social Security benefit amounts if
you only performed federal service under a system
such as the Federal Employees’ Retirement System
(FERS). Social Security taxes are withheld for workers
under FERS.

How it works

or increased depending on whether the worker starts
benefits before or after full retirement age (FRA). This
formula produces the monthly payment amount.
When we apply this formula, the percentage of career
average earnings paid to lower-paid workers is greater
than higher-paid workers. For example, workers age
62 in 2018, with average earnings of $3,000 per
month could receive a benefit at FRA of $1,479 (49
percent) of their pre-retirement earnings increased by
applicable cost of living adjustments (COLAs). For a
worker with average earnings of $8,000 per month, the
benefit starting at FRA could be $2,636 (32 percent)
plus COLAs. However, if either of these workers start
benefits earlier, we’ll reduce their monthly benefit.

Why we use a different formula
Before 1983, people whose primary job wasn’t
covered by Social Security had their Social Security
benefits calculated as if they were long-term, low-wage
workers. They had the advantage of receiving a Social
Security benefit representing a higher percentage of
their earnings, plus a pension from a job for which
they didn’t pay Social Security taxes. Congress
passed the Windfall Elimination Provision to remove
that advantage.
Under the provision, we reduce the 90 percent factor
in our formula and phase it in for workers who reached
age 62 or became disabled between 1986 and 1989.
For people who reach 62 or became disabled in 1990
or later, we reduce the 90 percent factor to as little as
40 percent.

Some exceptions
The Windfall Elimination Provision doesn’t apply if:

Social Security benefits are intended to replace only
some of a worker’s pre-retirement earnings.

•

You’re a federal worker first hired after December
31, 1983;

We base your Social Security benefit on your average
monthly earnings adjusted for average wage growth.
We separate your average earnings into three amounts
and multiply the amounts using three factors to
compute your full Primary Insurance Amount (PIA).
For example, for a worker who turns 62 in 2018, the
first $895 of average monthly earnings is multiplied by
90 percent; earnings between $895 and $5,397 by 32
percent; and the balance by 15 percent. The sum of the
three amounts equals the PIA which is then decreased

•

You were employed on December 31, 1983, by a
nonprofit organization that didn’t withhold Social Security
taxes from your pay at first, but then began withholding
Social Security taxes;

•

Your only pension is for railroad employment;

•

The only work you performed for which you didn’t pay
Social Security taxes was before 1957; or

•

You have 30 or more years of substantial earnings under
Social Security.

SocialSecurity.gov

(over)
Windfall Elimination Provision

The Windfall Elimination Provision doesn’t apply to
survivors benefits. We may reduce widows or widowers
benefits because of another law. For more information,
read Government Pension Offset (Publication
No. 05-10007).

Social Security years of substantial earnings
If you have 30 or more years of substantial earnings,
we don’t reduce the standard 90 percent factor in
our formula. See the first table that lists substantial
earnings for each year.
The second table shows the percentage used to
reduce the 90 percent factor depending on the number
of years of substantial earnings. If you have 21 to 29
years of substantial earnings, we reduce the 90 percent
factor to between 45 and 85 percent. To see the
maximum amount we could reduce your benefit, visit
www.socialsecurity.gov/planners/retire/wep-chart.html.

A guarantee
The law protects you if you get a low pension. We
won’t reduce your Social Security benefit by more than
half of your pension for earnings after 1956 on which
you didn’t pay Social Security taxes.
Year
1937–1954
1955–1958
1959–1965
1966–1967
1968–1971
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
1991

Substantial earnings
$900
$1,050
$1,200
$1,650
$1,950
$2,250
$2,700
$3,300
$3,525
$3,825
$4,125
$4,425
$4,725
$5,100
$5,550
$6,075
$6,675
$7,050
$7,425
$7,875
$8,175
$8,400
$8,925
$9,525
$9,900

Year
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009–2011
2012
2013
2014
2015-2016
2017
2018

Contacting Social Security
The most convenient way to contact us anytime,
anywhere is to visit www.socialsecurity.gov. There,
you can: apply for benefits; open a my Social Security
account, which you can use to review your
Social Security Statement, verify your earnings, print
a benefit verification letter, change your direct deposit
information, request a replacement Medicare card, and
get a replacement SSA-1099/1042S; obtain valuable
information; find publications; get answers to frequently
asked questions; and much more.
If you don’t have access to the internet, we offer many
automated services by telephone, 24 hours a day, 7
days a week. Call us toll-free at 1-800-772-1213 or at
our TTY number, 1-800-325-0778, if you’re deaf or hard
of hearing.
If you need to speak to a person, we can answer your
calls from 7 a.m. to 7 p.m., Monday through Friday.
We ask for your patience during busy periods since
you may experience a higher than usual rate of busy
signals and longer hold times to speak to us. We look
forward to serving you.

Substantial earnings
$10,350
$10,725
$11,250
$11,325
$11,625
$12,150
$12,675
$13,425
$14,175
$14,925
$15,750
$16,125
$16,275
$16,725
$17,475
$18,150
$18,975
$19,800
$20,475
$21,075
$21,750
$22,050
$23,625
$23,850

Years of substantial
earnings
30 or more
29
28
27
26
25
24
23
22
21
20 or less

Percentage
90 percent
85 percent
80 percent
75 percent
70 percent
65 percent
60 percent
55 percent
50 percent
45 percent
40 percent

Social Security Administration
Publication No. 05-10045 | ICN 460275 | Unit of Issue — HD (one hundred)
January 2018 (Recycle prior editions)
Windfall Elimination Provision
Produced and published at U.S. taxpayer expense

Printed on recycled paper



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