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SS and retirement benefits tax question

Posted on 3/8/24 at 11:10 pm
Posted by wallowinit
Louisiana
Member since Dec 2006
15006 posts
Posted on 3/8/24 at 11:10 pm
In this hypothetical situation Spouse A works in a job that does collect SS taxes from their gross pay. Spouse B works in a local government job that has retirement and does not collect SS taxes from their gross pay.

Spouse A worked until retirement age and retired receiving X dollars amount of SS benefits per month.

Then spouse B passes away and from their job leaves spousal survivor benefits of X dollars per month to the surviving spouse.

Is it the fact that the SS benefits of Spouse A are reduced by the amount of the spousal survivor benefits from the job of deceased Spouse B because SS taxes were not withheld from the paycheck of Spouse B?

If so, is there any legal way around this?
This post was edited on 3/9/24 at 10:55 am
Posted by Topisawtiger
Mississippi
Member since Oct 2012
3502 posts
Posted on 3/8/24 at 11:16 pm to
My best buddy works for the railroad. When he retires his wife will get half of his RR pension or her SS whichever is higher. If he passes before her then she gets all of his RR pension. This is what he told me. Sounds like what you are asking about.
Posted by Shaun176
Baton Rouge
Member since Aug 2008
2483 posts
Posted on 3/9/24 at 7:25 am to
No way around it. Rep. Graves is trying to change the law.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51877 posts
Posted on 3/9/24 at 8:41 am to
If I understand your question correctly, Spouse A's Social Security benefits should not be reduced when Spouse B passes. Spouse A should receive their full Social Security benefits and any pension benefits from Spouse B's pension plan.

If it had happened the other way around, if Spouse A had passed first, Spouse B would get their own pension, but any SS payments from Spouse A's SS would be diminished.

At least, that's how I read it. There are caveats for different scenarios, so this would be a good question for a retirement professional.
Posted by footballdude
BR
Member since Sep 2010
1075 posts
Posted on 3/9/24 at 9:22 am to
YOUR SS payment is only reduced if YOU receive a gov pension from YOUR OWN work effort.

Google Government Pension Offset & Windfall Elimination Act

https://www.ssa.gov/pubs/EN-05-10007.pdf

https://www.ssa.gov/pubs/EN-05-10045.pdf

I have a gov pension and I am now working in the private sector, MY SS payment will be reduced because of MY pension.


If you get survivors benefits from a pension from your spouses work effort (after they pass away) it will NOT affect your SS payment.

My wife has survivors benefits from my pension and has her own SS. If I die, she gets the survivors benefits from my pension AND her full SS payment.
This post was edited on 3/9/24 at 9:31 am
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