Full question: Martha….I have a retired FBI agent with a $9,125/mo pension. It has a 75% survivor benefit for his spouse. His spouse works and has a Social Security Benefit of $1,100 at her FRA at 67….can he collect any Social Security? On his own work record (separate from his former federal employment or collect 1/2 of his spouses Social Security?

Hi there,

If he has a work history which paid into Social Security and has at least 40 quarters of coverage (credits), he should be eligible to collect his own retirement benefits. However, his benefits may be reduced due to the Windfall Elimination Provision (WEP) if he has a non-covered pension. This means that his FBI pension is from work that was not subject to payroll taxes for Social Security.

There is another pension rule called the Government Pension Offset (GPO), which will affect any spousal or survivor benefit he may be eligible for. The rule states that two-thirds of his pension amount will be subtracted from any spousal or survivor benefit he is entitled to. Given the high amount of his pension and the low amount of his spouse’s Social Security benefits, he is unlikely to receive spousal benefits.

For personalized support, you can work with an RSSA here.

Take care,
Martha

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