Does HR82 impact Railroad Retirement Benefits?

Published: February 13, 2025

Full question: My husband receives Railroad retirement. I elected to receive my Social Security due to being more. Will the new HR82 allow me to receive both with no penalty?

Hi there,

The Social Security Fairness Act, signed by the President on January 5, 2025, will end two statutory reductions for railroad retirees, their spouses, and survivors who are receiving public pensions from work not covered by social security. In cases where the reductions applied, the U.S. Railroad Retirement Board (RRB) reduced the tier-I amount of the individual’s railroad retirement annuity, which is a Social Security equivalent benefit, due to receipt of such a pension.

The two repealed provisions are known as the non-covered service pension (NCSP) reduction, which affected railroad employees, and the public service pension (PSP) offset, which applied to spouses, divorced spouses, and widows/widowers. In the new law, these reductions are known as the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO).
Learn more here.

All the best,
Martha

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