Full question: We are married and both collecting Social Security benefits. My benefit is substantially more than hers. Can she collect a spousal benefit (is it 50%?) while I am living and still receive and receive (is it 75%) of my benefit at death? My wife has reduced benefits due to municipal employment. 

Hi there,

Your last sentence is key to your questions. If your wife has a reduced retirement benefit due to her municipal employment, then I am assuming she is receiving a non-covered pension for those years of earnings and is subject to WEP, the Windfall Elimination Provision.

If this is true, then the other pension rule, GPO, Government Pension Offset, will affect any spousal or survivor benefit she is entitled to, which are based on your earnings. The rule states that two-thirds of her pension amount will be subtracted from a spousal or survivor benefit.

I’m also assuming her own retirement benefit is higher than a spousal benefit, or she would have collected that when she applied, if you were also collecting at that time. Spousal benefits are a maximum of 50% of your Primary Insurance Amount (if collected at her FRA). If you pass away, she will be entitled to the higher of your two benefit amounts, her own or a survivor benefit, reduced due to GPO.

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

All the best,
Martha

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