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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
14985 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
3496 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 wallowinit
Louisiana
Member since Dec 2006
14985 posts
Posted on 3/8/24 at 11:25 pm to
In the scenario that he passes first does she also get her SS or is that nullified by his pension which is higher?
Posted by Topisawtiger
Mississippi
Member since Oct 2012
3496 posts
Posted on 3/9/24 at 1:06 am to
She only gets the pension. RR workers get a pension in lieu of paying into and getting SS. As of now my buddy can only get RR pension even though he worked for 18 years and paid into the SS system, which does not factor into his RR pension. Congress is putting through a bill which would allow him to collect for SS as well but at this time he would lose all of it. A crap deal for sure.
Posted by wallowinit
Louisiana
Member since Dec 2006
14985 posts
Posted on 3/9/24 at 2:14 am to
you gotta wonder what useless piece of crap who never contributed anything to SS is drawing that money the contributing member of society had confiscated from their wages.

So fricked up...
Posted by Tarps99
Lafourche Parish
Member since Apr 2017
7491 posts
Posted on 3/9/24 at 4:57 am to
quote:

In the scenario that he passes first does she also get her SS or is that nullified by his pension which is higher?


It is currently penalized, so it gets reduced depending on the RR pension and the potential SS payments. Also, SS office is known to screw up for the first year and pay a full amount only to ask for some of it back, if they miscalculated the SS amount. I had a mom that had a pension, my dad passed and he had a larger SS payment. The first year they paid her the full amount and then came back and said her amount should have been less and asked for the previous year back in reduced future payments.
Posted by Shaun176
Baton Rouge
Member since Aug 2008
2469 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 OTIS2
NoLA
Member since Jul 2008
50152 posts
Posted on 3/9/24 at 8:24 am to
A law stealing income paid into SS by a worker should be unconstitutional.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51702 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
Posted by wallowinit
Louisiana
Member since Dec 2006
14985 posts
Posted on 3/11/24 at 1:08 am to
After reading those documents and other research I agree with your conclusion.

Thanks very much for your kind help.
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