Full question:
Hello ... I was born in London UK and only worked there a couple of years after I left school. I have lived in Phoenix Arizona for 31 years, I am 62 and have just filed for my Social Security, which will total approx $750 mth.I stupidly declared my piddly UK pension of $360 A QUARTER.Social Security Admin in AZ want to now deduct $120 a month from my piddly $750 monthly SS payment, citing it is the WINDFALL LAW .... THIS IS TOO RIDICULOUS.I only worked in UK in 1966, '67 and '68 and now in 2011 they want to penalize me in my retirement here ..... I AM SOOOO EXTREMELY MAD ABOUT THIS .... your thoughts please.
- Category: Social Security
- Date:
- State: Arizona
Answer:
The Windfall Elimination Provision primarily affects you if you earned a pension in any job where you did not pay Social Security taxes and you also worked in other jobs long enough to qualify for a Social Security retirement or disability benefit.
The Windfall Elimination Provision may apply if:
• You reached 62 after 1985; or
• You became disabled after 1985; and
• You first became eligible for a monthly pension based on work where you did not pay Social Security taxes after 1985, even if you are still working.
The Windfall Elimination Provision does not apply to survivors benefits. It also does not apply if:
• You are a federal worker first hired after December 31, 1983;
• You were employed on December 31, 1983, by a nonprofit organization that did not withhold Social Security taxes from your pay at first, but then began withholding Social Security taxes from your pay;
• Your only pension is based on railroad employment;
• The only work you did where you did not pay Social Security taxes was before 1957; or
• You have 30 or more years of substantial earnings under Social Security.
For more information, see:
http://www.ssa.gov/pubs/10045.html
Whether or not need you are subject to a decudction of the persion will depend on all the facts involved, such as the dates the pension covers. You may get assistance for determining the amount of benefits you are eligible to receive by calling the SSA at the following number:
1-800-772-1213
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.