Full question: For a foreign born non-citizen legal immigrant at FRA who has accumulated over 40 credits of contribution from work in the USA and collected foreign pension from previous employment in a foreign country that does not have a totalization agreement with USA prior to moving to USA, does Social Security Fairness Act featuring elimination of WEP / GPO apply to this first time applicant for social security spousal benefit?

Hi there,

Yes, the repeal of WEP and GPO also applies to your case, so you will not be affected by those rules when you apply. Whether there is a totalization agreement or not is not relevant. WEP and GPO were previously applied to foreign pensions regardless of a totalization agreement.

Take care,
Martha

Schedule Appointment
Back to All