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National Fraternal Order of Police Message

National Fraternal Order of PoliceUpdated: 3/31/2025/24/2024 - This document will be updated frequently.The Social Security Fairness Act, signed into law on January 5, 2025, introduces significant changes to Social Security benefits, particularly affecting individuals previously impacted by the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). Below is a compilation of frequently asked questions and their answers regarding the Act.National Fraternal Order of Police Executive BoardPatrick YoesPresidentJoe GamaldiVice PresidentJimmy Holderfield SecretaryJames Smallwood TreasurerJohn Hoyt 2ndVice PresidentSteve JamesSgt at ArmsRob PrideChairman of TrusteesJames PascoExecutive DirectorDISCLAIMER: This overview is provided as a general informational resource to assist members in understanding changes associated with the passage of the Social Security Act. It is not intended to serve as legal, financial, or professional advice. For personalized and precise details regarding how these changes may impact you, we strongly recommend contacting the Social Security Administration directly. Their representatives can provide the most accurate and up-to-date information tailored to your individual circumstances and participation in the Social Security system.Stay informed about your Social Security benefits! Opening a my Social Security account is a simple and secure way to track your benefits progress, review your earnings record, and ensure everything is accurate.Here’s how to get started:Visit www.ssa.gov/myaccount.1. Click “Sign In or Create an Account.”2. Follow the prompts to create your account or log in if you already have one.Take control of your financial future today—it only takes a few minutes!Open Your Personal Social Security Account

Historic FOP Victory: The Repeal of WEP and GPOFor over four decades, public servants acrossAmerica have endured an inequity that denied them and theirfamilies the Social Security benefits they rightfully earned.I am proud to announce that the passage of the SocialSecurity Fairness Act marks the end of this injustice. The WindfallElimination Provision (WEP) and Government Pension Offset(GPO) have been repealed, representing a monumental stepforward in fairness and equality for public employees.The Fraternal Order of Police has been at the forefront of this fight fromthe very beginning. This victory is not just a legislative achievement; it is atestament to the power of perseverance and unity. The FOP’s role in thismonumental effort cannot be overstated. At every level of our organization,from the national, state and local lodge’s leadership and individual members,we worked tirelessly to create and sustain the undeniable momentum thatforced Congress to confront this injustice. This victory is a direct result of thestrength, resilience, and commitment of FOP members across America whonever wavered in their pursuit of fairness.The journey to this historic moment has been long and arduous.Since the WEP and GPO were enacted in the 1980s, they have unfairlypenalized public employees who also worked jobs covered by Social Security.These provisions reduced benefits by up to 60% for those with mixedemployment histories and deprived surviving spouses of their rightful benefits.What was intended to address "windfalls" instead created severe financialhardships for those who devoted their careers to serving their communities.This landmark legislation will have a transformative impact on the lives of morethan 4 million Americans and their families. By eliminating these provisions, weare ensuring that retired public servants, including countless law enforcementofficers, receive the full Social Security benefits they earned through yearsof dedicated service. For many, this will mean a significantly improvedquality of life, financial security, and peace of mind in their retirement years.This victory would not have been possible without the collaborationand support of key individuals and organizations. We extend our deepestgratitude to Representatives Graves and Spanberger, who championedthis cause in the House, and to Senator Sherrod Brown, whose unwaveringdetermination drove the bill forward in the Senate. Senate Majority LeaderChuck Schumer’s strategic guidance and commitment to fulfilling hispromise played an invaluable role in securing this legislative triumph.We also thank Senators Susan Collins and Bill Cassidy, whose bipartisan leadership helped build the broad support needed to pass the Social Security Fairness Act. Additionally, Senator Amy Klobuchar’s steadfast advocacy was instrumental in achieving this milestone. We are also grateful to Senator Kyrsten Sinema who was the bill’s quarterback on the Senate floor and executed our successful strategy.Our partners in the International Association of Fire Fighters (IAFF), ledby General President Ed Kelly, stood shoulder to shoulder with us throughoutthis fight, demonstrating the strength of our alliance on critical issuesaffecting our members. The International Association of Chiefs of Police alsoprovided crucial support, working closely with us to advance this legislation.Finally, we recognize the pivotal role played by President Biden, whocommitted to signing this bill into law, and President-elect Trump, whosetimely intervention provided crucial momentum at a key juncture. Theirleadership underscores the bipartisan commitment to correcting thislongstanding injustice.Patrick YoesNational PresidentFraternal Order of PoliceNational Fraternal Order of Police

RepresentativeGarret GravesR-LARepresentativeAbigail SpanbergerD-VASponsors of the Social Security Fairness Act:National Fraternal Order of Police

The repeal of WEP and GPO is one of the most impactfuladvancements in the FOP’s 110-year history. Since our founding in 1915, theFOP has played a critical role in every major legislative milestone for lawenforcement and public employee rights. This victory adds to our extensivelist of achievements, further solidifying the FOP’s reputation as a powerfuladvocate for justice and fairness.This accomplishment would not have been possible without theunwavering support and action of our members. At every level of the FOP,our state and local lodge leaders mobilized their members to write letters,make calls, and meet with their Representatives and Senators. Thisgrassroots effort created an undeniable force that demanded attentionand action. The passion and determination of our members across Americawere the driving forces behind this success. Your voices and persistenceensured that the voices of public servants were heard loud and clear. Thisvictory is not just a win for the FOP but for every public servant who facedthese unjust provisions.The repeal of WEP and GPO is more than a legislative success; it is astatement of our values as a nation. It sends a clear message that thesacrifices and contributions of public servants will not be overlooked orundervalued. As President Biden prepares to sign this bill into law, wecelebrate not only the end of a 40-year injustice but also the beginning of anew chapter for public employees and their families.While we take this moment to celebrate, we also remain steadfast in ourmission. The FOP will continue to lead the charge on issues affecting ourmembers and the law enforcement community. Together, we will build on thissuccess, ensuring that fairness, respect, and dignity remain at the heart of ourprofession.To every member who participated in this righteous fight: thank you. Yourleadership, dedication, and resilience have created a brighter future for millionsof Americans. This victory is proof of what we can achieve when we worktogether with a shared commitment to justice.And lastly, I want to extend our collective gratitude to the dedicatedNFOP's legislative staff in Washington, DC, led by Executive Director Jim Pascoand Senior Legislative Liaison Tim Richardson, they never wavered in their fightagainst this injustice. Thank you for your service and for being an integral part ofthis historic milestone. Together, we make history.This is your moment. This is our moment. Let us celebrate this historicachievement and continue to move forward with the same determination andunity that brought us here.Thank you for your service and for being an integral part of this historicmilestone. Working together, we continue to made history.The Power of FOP Unity and Leadership Cannot Be UnderstatedNational Fraternal Order of Police

The Social Security Fairness Act Becomes LawPresident Biden signed the Social Security Fairness Act into law on January 5, 2025 during a signing ceremony at the White House.National Fraternal Order of Police

Social Security Fairness ActNational Fraternal Order of Police

The Social Security Fairness Act:Frequently Asked Questions…How do I know if I am affected by WEP?You are impacted by the WEP if you earn a retirement or disability pension from an employer who did not withhold Social Security taxes, AND you earned a Social Security benefit from work for which your employer did withhold Social Security taxes, provided that the wages you received were considered “substantial earnings” for that taxable year. What is the Social Security Fairness Act?The Social Security Fairness Act has been introduced in every Congress since 1997. The most recent version that will be sent to the President was introduced by former Representatives Garrett N. Graves (R-LA) and Abigail D. Spanberger (D-VA) as H.R. 82 in the House and as S. 597 by former Senator Sherrod D. Brown (D-OH) and Senator Susan M. Collins (R-ME).The FOP was intimately involved with the drafting, introduction, and legislative activity on the bill since 1996. It was designated a top legislative priority by the delegates assembled at the National Biennial Conference in Orlando, Florida in 1997.National Fraternal Order of Police

The Social Security Fairness Act:Frequently Asked Questions…How do I know if I am affected by GPO?The GPO offsets the Social Security benefit to which a spouse or widow(er) is entitled by two-thirds of the monthly amount of any government pension from noncovered employment that the surviving spouse might receive. For example, the wife of a retired law enforcement officer who collects a government pension of $1,200 would be ineligible to collect the surviving spousal benefit of $600 from Social Security upon the death of her spouse. Two-thirds of $1,200 is $800, which is greater than the spousal benefit of $600 and thus, under this law, Your spouse would be unable to collect it. If the spouse’s benefit were $900, only $100 could be collected, because $800 would be “offset” by their government pension. I am impacted by WEP, what does this mean for me?The WEP Formula is repealed, effective as of the “months after December 2023.” Individuals previously impacted by a reduction of up to 60% of their Social Security benefit—a reduction based on their number of years of substantial earnings—will begin receiving their full benefit without any reduction. National Fraternal Order of Police

The Social Security Fairness Act:Frequently Asked Questions…When will I start collecting my full Social Security or survivors Benefit?The Social Security Administration will need time to implement the change to the law, which takes effect in the “months after December 2023.”I am impacted by GPO,what does this mean for me?The Government Pension Offset formula is repealed, effective as of the “months after December 2023.” Individuals previously impacted by the GPO will no longer have the survivor’s benefit their spouse earned through their work be offset by the amount of their government pension.National Fraternal Order of Police

The Social Security Fairness Act:Frequently Asked Questions…My spouse died several years ago, but Social Security told me that because I am a retired public employee with a pension, I am not entitled to the survivor’s benefit from my spouse. Will this new law help me?Yes! Beginning in the “months before December 2023,” the survivor’s benefit to which you are entitled will no longer be offset by two-thirds of the amount you collect from your pension. In many cases, the offset eliminated the survivor’s benefit entirely. The new law ensures that spouses who collect a public pension will be able to collect the survivor’s benefit that their spouse paid for.Will this new law benefit me if I have been retired for some time and have been collecting Social Security benefits for years?Yes! Beginning in the “months before December 2023,” the WEP will no longer be applied to your benefit, and you will begin to collect the full amount based on your years of substantial earnings when you contributed to Social Security.National Fraternal Order of Police

The Social Security Fairness Act:Frequently Asked Questions…Will all public sector employees see an increase in their Social Security benefits due to this Act?Not necessarily. Only those who receive a pension based on work not covered by Social Security may see benefit increases. Approximately 72% of state and local public employees work in positions covered by Social Security and were not affected by WEP or GPO; therefore, they will not experience a benefit increase due to the new law.National Fraternal Order of PoliceHow can someone avoid scams about the repeal of WEP and GPO?Unfortunately, bad actors might attempt to take advantage of situations when money is involved. SSA will never ask or require a person to pay either for assistance or to have their benefits started, increased, or paid retroactively. Hang up and do not click or respond to anyone offering to increase or expedite benefits. Learn more about Social Security-related scams, and how to report them to SSA's Office of the Inspector General, at www.ssa.gov/scams.Source: Social Security Administration website www.ssa.govSource: Social Security Administration website www.ssa.gov

The Social Security Fairness Act:Frequently Asked Questions…How much of an increase can beneficiaries expect in their monthly Social Security payments?The increase varies based on factors such as the type of Social Security benefit received and the amount of the individual's pension. Some beneficiaries may see a modest increase, while others could experience monthly increases exceeding $1,000.When will beneficiaries notice an increase in their Social Security Benefits?The Social Security Administration (SSA) began issuing retroactive payments on February 25, 2025, covering benefits payable from January 2024 onward. Most affected beneficiaries received these one-time payments by the end of March 2025. Adjusted monthly benefit payments commenced in April 2025, reflecting the new amounts for March 2025 benefits.National Fraternal Order of Police

The Social Security Fairness Act:Frequently Asked Questions…How is the Social Security Administration handling complex cases that cannot be processed automatically?While many cases were processed automatically, complex cases require manual updates. The SSA is working diligently to process these cases, but additional time may be needed. Beneficiaries are encouraged to wait until April before inquiring about the status of their retroactive payments or adjusted monthly benefits. Are retroactive payments being issues to those affected by the repeal of WEP and GPO?Yes, beneficiaries eligible for increased benefits due to the repeal received a one-time retroactive payment covering the period from January 2024 to the present. As of March 4, 2025, the SSA has distributed over $7.5 billion in retroactive payments to more than 1.1 million individuals, with an average payment of $6,710. National Fraternal Order of Police

The Social Security Fairness Act:Frequently Asked Questions…Where can individuals find more information about the Social Security Fairness Act?For detailed information and updates, individuals can visit the SSA's official page dedicated to the Social Security Fairness Act: https://www.ssa.gov/benefits/retirement/social-security-fairness-act.htmlThese questions and answers aim to provide clarity on the implementation and impact of the Social Security Fairness Act for affected individuals.How will beneficiaries be informed about changes to their benefits?The SSA is mailing notices to individuals whose benefits are adjusted due to the Act. These notices explain the benefit changes and any retroactive payments. Some beneficiaries may receive multiple notices as their records are updated. National Fraternal Order of Police

The Social Security Fairness Act:Frequently Asked Questions…What should I do if I believe I’m eligible but have not received an increase or retroactive payment?If you believe you are eligible and have not received an adjustment by April 2025, you should contact the SSA by calling 1-800-772-1213. When prompted, say “Fairness Act” to be directed to a representative trained in this area.What are WEP and GPO, and why were they repealed?The Windfall Elimination Provision (WEP)reduced Social Security benefits for individuals who also had pensions from non-Social Security-covered jobs. The Government Pension Offset (GPO) reduced spousal or survivor benefits for those receiving government pensions. These provisions were widely seen as unfair to public servants like police officers, firefighters, and teachers, prompting the FOP and other advocacy groups to push for repeal.National Fraternal Order of Police

The Social Security Fairness Act:Frequently Asked Questions…Do I need to take any action to receive the adjusted benefit if I’m already receiving Social Security?No. If you are currently receiving Social Security and are affected by WEP or GPO, your benefits will be automatically adjusted. A notice will be mailed to you outlining any changes and retroactive payments.What if I never applied for benefits because I assumed I would be disqualified under WEP or GPO?SSA acknowledges that the repeal will increase benefit payments, but the overall financial impact has been reviewed by Congress. The FOP and other advocates believe that fairness and equity for public servants outweigh the budgetary impact.Source: Legislative background and SSA policy documentsNational Fraternal Order of Police

The Social Security Fairness Act:Frequently Asked Questions…I’m a surviving spouse affected by the GPO. Will my survivor benefits be adjusted?Yes. The repeal of the GPO means that your spousal or survivor benefits will be recalculated without the previous offset. This could result in a significant increase in monthly benefits and a retroactive payment.Will retroactive payments be taxed?Yes. Like regular Social Security benefits, retroactive payments may be taxable depending on your total income. SSA will send a 1099 form reflecting the lump-sum payment for tax purposes. You may wish to consult with a tax advisor for proper reporting.Source: IRS & SSA guidelines for Social Security incomeNational Fraternal Order of Police

The Social Security Fairness Act:Frequently Asked Questions…Is there an appeals process if I believe my WEP/GPO adjustment was calculated incorrectly?Yes. If you receive a notice from SSA and believe the recalculation is incorrect, you can request a reconsideration. SSA provides instructions on how to appeal a decision on their website and in mailed notices.Source: SSA Appeals ProcessWhat if I’ve moved or changed banks recently — will that affect my retroactive payment?If your banking information has changed, it is criticalto update your records with SSA to avoid delays in receiving your payment. You can do this by logging into your My Social Security account or calling 1-800-772-1213.Source: SSA.gov – Managing BenefitsNational Fraternal Order of Police

The Social Security Fairness Act:Frequently Asked Questions…Are former law enforcement officers living overseas eligible for this adjustment?Yes. If you're a retired public employee living abroad and were affected by WEP or GPO, you are still eligible for a recalculated benefit and retroactive payment, assuming you meet all other SSA requirements.Source: SSA – International BenefitsCan I receive back pay even if I started benefits before 2024?Yes. The law is retroactive to January 2024. Even if you started collecting benefits long before that, SSA will calculate the amount you would have received since that date without WEP/GPO reductions and pay you the difference.Source: SSA.gov – Social Security Fairness Act FAQNational Fraternal Order of Police

The Social Security Fairness Act:Frequently Asked Questions…Will every teacher, firefighter, police officer, or public worker receive a benefit increase because of the new law?Not necessarily. We know that some press articles have mentioned teachers, firefighters, police officers, and other public employees when discussing the Social Security Fairness Act.However, only people who receive a pension based on work not covered by Social Security may see benefit increases under this new law. Most state and local public employees - about 72% - work in Social Security-covered employment where they pay Social Security taxes and are not affected by WEP or GPO. Those individuals will not receive a benefit increase due to the Act.National Fraternal Order of PoliceWhen will a person see their Social Security benefit increase because of a Social Security Fairness Act?The Social Security Administration is actively implementing the Act and has begun issuing back payments while limiting negative effects on our regular workloads and services to the public. Source: Social Security Administration website www.ssa.govSource: Social Security Administration website www.ssa.gov

The Social Security Fairness Act:Frequently Asked Questions…What is the Social Security Fairness Act and who does it help?The Act was signed into law on January 5, 2025.The Act ends the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO). These provisions reduced or eliminated the Social Security benefits of over 3.2 million people who receive a pension based on work that was not covered by Social Security (a "non-covered pension") because they did not pay Social Security taxes. This law increases Social Security benefits for certain types of workers, including some:• Teachers, firefighters, and police officers in many states;• Federal employees covered by the Civil Service Retirement System; and• People whose work had been covered by a foreign social security system.Learn more below about the steps the Social Security Administration (SSA) is taking to implement the law.National Fraternal Order of PoliceInformation from the Social Security Administration website www.ssa.gov

The Social Security Fairness Act:Frequently Asked Questions…What if a person pays their Medicare premium directly to the Center for Medicare & Medicare Services due to the WEP and GPO reduction?SSA recommends that, until they get a notice from SSA, the person should continue to follow the instructions on the Medicare premium bill and pay the bill to ensure their Medicare coverage does not stop. SSA will send a notice telling people when their Social Security record is updated. Once the person begins receiving a Social Security benefit, the Medicare premium will be deducted from their monthly payment. If the benefit is not enough to cover the Medicare premium, the person will be billed for the remainder. SSA's notice will include this information.If the person prepaid their premiums to the Centers for Medicare & Medicaid Services, and SSA tells them that their premiums will now be deducted from their monthly Social Security benefits, they will receive any applicable refund. SSA's notice will include this information.National Fraternal Order of PoliceSource: Social Security Administration website www.ssa.gov

The Social Security Fairness Act:Frequently Asked Questions…For someone already receiving benefits affected by WEP or GPO, how far back might they receive increased benefits under the Social Security Fairness Act?December 2023 is the last month that WEP and GPO will apply. This means that those rules no longer apply to benefits payable for January 2024 and later. Important Reminder: Social Security benefits payable for January 2024 would generally have been received in February 2024.National Fraternal Order of PoliceBy how much may a person’s monthly benefits increase?The amount of a person’s benefit increase will vary depending on how much their monthly benefit had been reduced due to the Windfall Elimination Provision (WEP) or Government Pension Offset (GPO). On average, individuals affected by WEP could see their monthly benefits increase by $300 or more, while those affected by GPO may receive as much as $1,000 or more per month in increased spousal or survivor benefits. The exact amount depends on your work history, pension amount, and eligibility for Social Security benefits.Source: Social Security Administration website www.ssa.govSource: Social Security Administration website www.ssa.gov

The Social Security Fairness Act:Frequently Asked Questions…What should people do mow that the Social Security Fairness Act is law?The Act requires SSA to adjust benefits for over 3 million people. Since the law's effective date is in the past, SSA must adjust some people's past benefits as well as future benefits. Processing these changes is very complex and SSA's analysis shows that much of the work must be done manually, on an individual case-by-case basis. SSA is currently processing pending or new claims involving future benefits and developing procedures and automated solutions for computing retroactive benefits.National Fraternal Order of PoliceHow can someone avoid scams about the repeal of WEP and GPO?Unfortunately, bad actors might attempt to take advantage of situations when money is involved. SSA will never ask or require a person to pay either for assistance or to have their benefits started, increased, or paid retroactively. Hang up and do not click or respond to anyone offering to increase or expedite benefits. Learn more about Social Security-related scams, and how to report them to SSA's Office of the Inspector General, at www.ssa.gov/scams.Source: Social Security Administration website www.ssa.govSource: Social Security Administration website www.ssa.gov

The Social Security Fairness Act:Frequently Asked Questions…What should people do now that the Social Security Fairness Act is law?Because the GPO could reduce or eliminate Social Security spouses' or surviving spouses' benefits, some non-covered pension recipients may have never applied for benefits.National Fraternal Order of PoliceIf you never applied for spouses' or surviving spouses' benefits:You may need to file an application. The date of your application might affect when your benefits begin. Filing sooner might help you get a higher benefit amount.• The most convenient way to apply for retirement or spouses' benefits is online at www.ssa.gov/apply. The online application will still collect pension information until the application is changed; however, SSA will not offset the benefit.• The survivor benefit application is not available online.• People who cannot apply online for benefits should call 1-800-772-1213 Monday through Friday 8:00 a.m. to 7:00 p.m. to learn other ways to apply.If you are not sure whether you ever applied for spouses' or surviving spouses' benefits:You may need to file an application. The date of your application might affect when your benefits begin. Filing sooner might help you get a higher benefit amount.If you are entitled to spouses' or surviving spouses' benefits, and your benefits are currently being reduced or eliminated by GPO; OR if you are entitled to retired or disabled workers' benefits, and your benefits are currently being reduced by WEP:Consider reviewing the mailing address and/or direct deposit information that SSA has on file for you. This will allow SSA to adjust your benefits as quickly as possible. Generally, no other actions are needed at this time.The easiest way for most beneficiaries to update their address or direct deposit information with SSA, if needed, is online with a personal my Social Security account. There is no need to call or visit SSA. Visit www.ssa.gov/myaccount to sign in or create an account.Source: Social Security Administration website www.ssa.gov