Windfall Elimination Provision

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augiemelvin
Posts: 3
Joined: Fri Feb 19, 2016 6:46 pm

Windfall Elimination Provision

Post by augiemelvin »

I have a question regarding the Windfall Elimination Provision. My husband and I are looking to retire in the next 4-5 years and doing research as to when the best time to collect social security. During this research I came across reference to a Windfall Elimination Provision, I was unaware of.

My husband has worked for the County of Los Angeles for the past 10 years. Prior to this he was with other employers, paying social security taxes.

He has 27 years of what the social security deems "substantial earnings'", not including the 10 years with the County.

Would I be correct to say the Windfall Elimination Provision does not apply since the source of his pension will be from the union (he is a union member) and not the County? The county does pay into an annuity however this will not be the source of his pension.

Any feedback is very much appreciated !
coachd50
Posts: 590
Joined: Sun Oct 22, 2017 10:12 am

Re: Windfall Elimination Provision

Post by coachd50 »

augiemelvin wrote: Sun May 02, 2021 6:58 pm I have a question regarding the Windfall Elimination Provision. My husband and I are looking to retire in the next 4-5 years and doing research as to when the best time to collect social security. During this research I came across reference to a Windfall Elimination Provision, I was unaware of.

My husband has worked for the County of Los Angeles for the past 10 years. Prior to this he was with other employers, paying social security taxes.

He has 27 years of what the social security deems "substantial earnings'", not including the 10 years with the County.

Would I be correct to say the Windfall Elimination Provision does not apply since the source of his pension will be from the union (he is a union member) and not the County? The county does pay into an annuity however this will not be the source of his pension.

Any feedback is very much appreciated !
I would make sure your assumptions are correct regarding the pension. Is the source the UNION or LACERA ?
Topic Author
augiemelvin
Posts: 3
Joined: Fri Feb 19, 2016 6:46 pm

Re: Windfall Elimination Provision

Post by augiemelvin »

the source of the pension is IBEW and not LACERA. IBEW stands for International Brotherhood of Electrical Workers.
calwatch
Posts: 179
Joined: Wed Oct 02, 2013 1:48 am

Re: Windfall Elimination Provision

Post by calwatch »

If there was no county pension there would be no WEP reduction, since the maximum reduction is one half of the pension from non covered employment. However I believe that as a consequence of withdrawing from social security in 1983, the county has to pay into a retirement plan for everyone, either LACERA or the pension savings plan for temporary and part time employees.
Topic Author
augiemelvin
Posts: 3
Joined: Fri Feb 19, 2016 6:46 pm

Re: Windfall Elimination Provision

Post by augiemelvin »

Thank you very much!
retiredflyboy
Posts: 247
Joined: Sun Dec 02, 2018 10:02 pm

Re: Windfall Elimination Provision

Post by retiredflyboy »

Did your husband pay into social security during his 10 years with the county? I am assuming not based on the question regarding WEP but I don’t think you specifically stated. I am not certain but I believe if you receive a pension from an employer which you do not withhold for social security the WEP provision applies. If that is correct, the 27 years of employment in which SS contributions were made does lesson the impact. I would contact Social Security and see what they say. I know if you have 30 years of employment paying into SS the WEP provision would not apply. Great question and best of luck.
Facts are stubborn things. Everything works until it doesn’t.
pshonore
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Joined: Sun Jun 28, 2009 2:21 pm

Re: Windfall Elimination Provision

Post by pshonore »

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