Social Security Fairness Act Signed Into Law

On January 6, 2025, President Joe Biden signed the Social Security Fairness Act which eliminates the reduction of Social Security benefits for some Teacher Retirement System (TRS) retirees.

The bill repeals provisions that reduce Social Security benefits for individuals who receive other benefits, such as a state or local government pension, including the Teacher Retirement System. The provisions eliminated are:

• The Windfall Elimination Provision (WEP), which reduced Social Security benefits for individuals who also received a pension or disability benefit from an employer that did not withhold Social Security taxes
• The Government Pension Offset (GPO), which reduced Social Security benefits for spouses, widows, and widowers who also received government pensions of their own

Benefit Increase

TRS retirees who were subject to a reduction of Social Security benefits will now be allowed to collect full benefits. A November report from the Congressional Research Service projects the monthly benefit will increase by an average of $360 per month and impact 2.8 million recipients nationwide. Payments will be retroactive as of January 2024.

Notice to Employees

State and local governments (e.g., Texas school districts and community colleges) are required to provide newly hired employees with a written notice that their employment is not covered by Social Security. Form SSA-1945 is used for this purpose and includes information on the WEP and GPO.  The Social Security Administration has not yet released information on revisions to the form or changes in the requirement to provide notice to new employees. Information will provided as soon as it is released.

Additional Information

Retirees who previously filed for Social Security benefits should verify their contact information in their online Social Security account. Those receiving TRS annuity and interested in filing for benefits may file online on the Social Security Administration website or schedule an appointment. Additional information and updates can be found on the Social Security Fairness Act webpage.