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Social Security Fairness Act

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The Social Security Administration has announced plans to begin applying the repeal of the Windfall Elimination Provision and the Government Pension Offset to eligible recipients’ Social Security payments.

Does the Social Security Fairness Act affect my KCERA pension benefit?
No. The Social Security Fairness Act (“SSFA”) recently signed into law and effective as of January 1, 2024, does not affect KCERA retirement benefits. The SSFA repeals the Windfall Elimination Provision (“WEP”), and the Government Pension Offset (“GPO”), which reduced Social Security benefits for people who receive a pension from a job that did not pay into Social Security.


I know my benefits were reduced by WEP or GPO. Why isn’t my KCERA pension affected?
If you receive Social Security benefits, those might be affected by the repeal of WEP/GPO, if you are receiving a pension from a job that did not pay into Social Security. The KCERA benefit amount you receive was never impacted by WEP or GPO, since those provisions could only affect Social Security benefits. Your total combined benefits per month might have been affected, but any reduction would have been to the Social Security benefit, not to the KCERA benefit.


My KCERA pension was reduced because I paid into Social Security during my employment. Doesn't the Social Security Fairness Act address that?
No. The SSFA is about WEP and GPO. Minor adjustments to members’ final pension amounts in retirement due to integration with Social Security are statutory (Government Code sections 31800 et seq.) and unrelated to WEP and GPO. These are required by entirely different statutes from WEP/GPO and must be applied to KCERA positions integrated with Social Security. If you pay Social Security taxes as part of your KCERA-eligible employment, your position is integrated with Social Security.


If I selected the Temporary Annuity Option at retirement, how will the Social Security Fairness Act affect my pension from KCERA?
The SSFA does not affect your pension from KCERA even if you selected the Temporary Annuity Option at retirement. The anticipated Social Security benefit amount used in Temporary Annuity Option calculations was not based on WEP/GPO reductions.


If my Social Security benefits were previously reduced by WEP or GPO, how can I find out what is going to happen now?
Contact the Social Security Administration. They have a webpage set up regarding the SSFA updates: https://www.ssa.gov/benefits/retirement/social-security-fairness-act.html you can also call 1-800-772-1213.

KCERA does not administer any Social Security benefits and does not manage the changes resulting from the SSFA.