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Social Security Fairness Act brings retirement changes for some pensioners

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President Joe Biden after he signed the Social Security Fairness Act at the White House on Jan. 5 in Washington, D.C. 

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President Joe Biden on Sunday signed the Social Security Fairness Act into law, clearing the way for nearly 3 million public workers including teachers, firefighters and police to see an increase to their Social Security benefits.

Now, two provisions that reduced Social Security benefits for certain public workers who receive pensions — the Windfall Elimination Provision, or WEP, and the Government Pension Offset, or GPO — have been eliminated.

The WEP and GPO were put in place more than four decades ago. When the provisions were created, the goal was to ensure that workers who earn public pensions from employment where they did not pay into Social Security, but who also qualify for Social Security benefits through other work, receive the same payout as workers who pay into Social Security for their entire careers.

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The WEP was enacted in 1983 and reduces Social Security benefits for some workers who also receive pension or disability benefits from work where Social Security payroll taxes were not withheld.

The GPO was enacted in 1977 and reduces Social Security benefits for certain spouses, widows and widowers who also receive income from their own government pensions.

How much Social Security benefits may increase

The new law affects benefits payable after December 2023.

More than 2.5 million Americans will receive a lump-sum payment of thousands of dollars to make up for the shortfall in benefits they should have received in 2024, Biden said on Sunday.

Eliminating the WEP will increase monthly Social Security benefits for 2.1 million beneficiaries by $360, on average, as of December 2025, the Congressional Budget Office has estimated.

Eliminating the GPO will increase monthly benefits by an average of $700 for 380,000 spouses and by an average of $1,190 for 390,000 surviving spouses as of December 2025, according to CBO.

WEP, GPO often came as unpleasant surprise

The WEP and GPO benefit reductions often came as an unpleasant surprise to affected beneficiaries during the retirement planning process because the provisions were often not well publicized, said Abrin Berkemeyer, a certified financial planner and senior financial advisor at Goodman Financial in Houston.

“It should be a windfall for quite a lot of folks,” Berkemeyer said of the change.

For some beneficiaries affected by the change, the extra income will be life-changing, according to CFP Barbara O’Neill, owner and CEO of Money Talk, a provider of financial planning seminars and publications.

O’Neill, a former Rutgers University professor, has been personally affected by the WEP.

Once she started to claim her pension, she notified the Social Security Administration. At that point, her monthly benefits were reduced, but it took about five months for the change to be processed, prompting the agency to claw back the benefits she was overpaid during those months.

Maximizing your Social Security benefits

Now that the WEP and GPO provisions have been eliminated, that takes away a common source of overpayments, where beneficiaries owe money to the Social Security Administration after receiving more money than they were due. The provisions have prompted overpayment issues due to a lack of available data on pensions from noncovered employment, according to the Congressional Research Service.

Generally, the elimination of the WEP and GPO will make retirement planning simpler, experts say.

The extra money the change provides to beneficiaries puts less pressure on them to generate income from other assets they may have, said Michael Carbone, a CFP and partner at Eppolito, Carbone & Co. in Chelmsford, Mass.

What’s more, it also eliminates the need for the complex calculations the provisions required in order to gauge benefit income, said CFP Andrew Herzog, associate wealth manager at The Watchman Group in Plano, Texas.

“That certainly makes things easier,” Herzog said. “It gives people a sigh of relief.”

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Personal Finance

Why your paycheck is slightly bigger

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Why your take-home pay could be higher

If you’re starting 2025 with similar wages to 2024, your take-home pay — or compensation after taxes and benefit deductions — could be a little higher, depending on your withholdings, according to Long.

“When all the tax brackets go up, but your salary stays the same, relatively, that puts you on a lower rung of the ladder,” he said.

The federal income tax brackets show how much you owe on each part of your “taxable income,” which you calculate by subtracting the greater of the standard or itemized deductions from your adjusted gross income.

“Even if you make a little more than last year, you could actually pay less in tax in 2025 compared to 2024,” because the standard deduction also increased, Long said. 

For 2025, the standard deduction increases to $30,000 for married couples filing jointly, up from $29,200 in 2024. The tax break is also larger for single filers, who can claim $15,000 in 2025, a bump from $14,600.  

‘It ends up nearly balancing out’

Tax Tip: 401(K) limits for 2025

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Student loan payments could lead to a tax break

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There’s one upside to your student loan payments: They might reduce your 2024 tax bill.

The student loan interest deduction allows qualifying borrowers to deduct up to $2,500 a year in interest paid on eligible private or federal education debt. Before the Covid pandemic, nearly 13 million taxpayers took advantage of the deduction, according to higher education expert Mark Kantrowitz.

Most borrowers couldn’t claim the deduction on federal student loans during the pandemic-era pause on student loan bills, which spanned from March 2020 to October 2023. With interest rates on those debts temporarily set to zero, there was no interest accruing for borrowers to claim.

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But interest on federal student loans began accruing again in September of 2023, and the first post-pause payments were due in October of that year.

By now, borrowers could again have interest to claim for the full tax year’s worth of payments, experts said.

“All borrowers should explore whether they qualify for the deduction as it can reduce their tax liability,” said Betsy Mayotte, president of The Institute of Student Loan Advisors, a nonprofit that helps borrowers navigate the repayment of their debt.

Student loan interest deduction worth up to $550

The student loan interest deduction is “above the line,” meaning you don’t need to itemize your taxes to claim it.

Your lender or student loan servicer reports your interest payments for the tax year to the IRS on a tax form called a 1098-E, and should provide you with a copy, too.

If you don’t receive the form, you should be able to get it from your servicer.

Depending on your tax bracket and how much interest you paid, the student loan interest deduction could be worth up to $550 a year, Kantrowitz said.

There are income limits, however. For 2024, the deduction starts to phase out for individuals with a modified adjusted gross income of $80,000, and those with a MAGI of $95,000 or more are not eligible at all. For married couples filing jointly, the phaseout begins at $165,000, and those with a MAGI of $195,000 or more are ineligible.

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Op-ed: Here’s why estate planning is a gift for your family

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Estate planning isn’t about focusing on your demise, one advisor says; it’s about taking control and making decisions that ensure your loved ones are cared for.

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