Approximately 2.5 million Social Security recipients could see a significant increase in their monthly benefits, potentially exceeding $1,000, following the repeal of two key restrictions. The changes, which took effect after President Joe Biden signed the Social Security Fairness Act in January 2025, are now being implemented gradually.
Who Benefits from the Repeal?
The repeal primarily affects widows and divorced spouses of state and local public employees, including police officers, firefighters, and teachers. According to the Social Security Administration (SSA), about 28% of these public employees are impacted. The Congressional Budget Office estimated in November that around 2.5 million recipients would be affected.
How Benefits Are Calculated
Spousal benefits are based on a percentage of the former spouse’s Social Security. For example, at age 61, a spouse receives over 71.5% of the benefit; at 63, over 80%; at 65, over 90%; and up to 100% at full retirement age (66 to 67). Before the Fairness Act, these amounts were reduced due to the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO).
Impact of the Windfall Elimination Provision and Government Pension Offset
The WEP previously prevented state employees from receiving both their state pension and full Social Security benefits. The GPO reduced spousal benefits for those entitled to a government pension. With both restrictions removed, the SSA estimates individuals could see an extra $1,000 or more per month.
The National Education Association (NEA), the largest labor union in the US, noted that teachers’ Social Security payments would increase by an average of $360 per month. The International Association of Fire Fighters reported that some members could see rises of up to $587 monthly.
Variability in Benefit Changes
The SSA warns that the amount of change varies greatly depending on the type of benefit and the amount of the pension. Recipients can check their eligibility by calling the SSA at 1-800-772-1213.
