Ask Larry

My wife worked in Canada from age 17 to 33 and is entitled to the Canadian version of Social security and the old age pension. She is currently 67 and claiming Social security on her own record. I will be 69 in a few months and I will claim social security and she will move onto spousal benefits based on my record which will be much higher. I saw your answer on the Windfall Elimination. My question to you: I think that the Government Pension Offset would not apply to foreign pensions in this case from Canada? If I am correct then her spousal benefit would not be subject to any GPO reduction. Do you see a regulation or Social Security positin on that issue?

Thanks
Tony

Hi Tony. Yes. The Windfall Elimination Provision (WEP) only applies to Social Security retirement or disability benefits based that are based on a person's own earnings. The Government Pension Offset (GPO) provision only applies to auxiliary (e.g. spousal) or survivor benefits, but foreign pensions aren't considered as 'government pensions' for purposes of GPO. Only pensions that are based on a person's work for a governmental agency in the U.S. can be counted as government pensions for GPO purposes.

Here is the reference from Social Security's operations manual (i.e. Section B, first bullet): https://secure.ssa.gov/apps10/poms.nsf/lnx/0202608400.

Best, Jerry