Ask Larry

I was hired by my local school system as a assistant custodian in November, 2006 at the age of 60. I became eligible to retire from the school system in November, 2011. I retired in November of 2015 at the age of 69 and received a State Ohio School Employees Retirement System (SERS) Pension of $561.63 I was also responsible for an unknown WEP amount at that time, which I eventually learned was $285.80. The SSA failed to deduct the WEP for 10 months. They eventually deducted it in September 2016, effective February 2008 when I became eligible for SS early retirement. The total reduction of my SS Benefits was $415.00 a month. $285.80 WEP and an additional $129.20 reduction SS COLA and credit for working beyond my retirement age of 66 I earned from February 2008 to November 2015. How can SS deduct the WEP 7+ years before I retired and received my pension and 3+ years before I was even eligible to retire and receive any pension? The local SS office and the SS Chicago office see no problem.

Hi. The short answer is that they shouldn't. A person's Social Security retirement benefits can't be reduced due to the Windfall Elimination Provision (WEP) at least until the person becomes entitled to their non-covered pension (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300605360). Entitled to a pension means a person has applied for a pension and has proven his or her rights to benefits for a given period.

Based on your description of events, it sounds like you should appeal Social Security's determination (https://www.ssa.gov/pubs/EN-05-10058.pdf).

Best, Jerry