Ask Larry

i have pension from UK .worked in USA have worked 10 years ,have 10 ceadis . if i apply do i have to declare my pension i get from UK, if i declare would it affect UK pension,What is Windfall EP, does it affect me . i am thinking to moove back in UK. or India . Do USA/UK exchange my information.Please answer me asap as i have to travel as my mother is sick, i am 70 year old.please give me your Tele no so i can have consultation. thanks.

Hi,

Yes, it sounds like your UK pension will likely cause you to receive a lower US Social Security benefit rate. This is due to the windfall elimination provision (WEP), which can result in the use of a less generous benefit computation formula for people receiving a pension based on their work that was exempt from US Social Security taxes (https://www.ssa.gov/pubs/EN-05-10045.pdf).

I don't know what type of information is exchanged by the US & UK Social Security programs, but if you fail to disclose your UK pension to Social Security you could be subject to criminal penalties for fraud(https://www.ssa.gov/OP_Home/handbook/handbook.01/handbook-0143.html).

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Best, Jerry