How does a California public employee pension affect the amount of my Social Security benefit under the Windfall Elimination Provision?
Your California public employee pension can reduce your Social Security retirement benefit if you earned that pension in a job where you did not pay Social Security taxes. This reduction is due to a federal rule called the Windfall Elimination Provision (WEP).
Here is how to determine the impact on your benefits:
Step 1: Confirm Your WEP Applicability
Check if your California public employment was "non-covered," meaning you did not pay Social Security taxes on those earnings. This is common for many employees under the California Public Employees' Retirement System (CalPERS) and the California State Teachers' Retirement System (CalSTRS). If you paid Social Security taxes throughout your entire career, the WEP does not apply to you.
Step 2: Get Your Social Security Statement
Go to the Social Security Administration (SSA) website at SSA.gov to create an account and view your Social Security statement. This document shows your year-by-year earnings history for jobs where you did pay Social Security taxes.
Step 3: Count Your "Years of Substantial Earnings"
Review your earnings history and count how many years you had "substantial earnings" as defined by the SSA. The SSA publishes a chart with the required earnings amount for each year. The WEP reduction is smaller if you have more than 20 years of substantial earnings and is eliminated entirely if you have 30 or more years.
Step 4: Estimate Your Benefit Reduction
Use the WEP Online Calculator on the SSA's website. You will need to enter your past earnings and the estimated monthly amount of your California public pension to get an estimate of your reduced Social Security benefit.
Step 5: Report Your Pension to the SSA
When you apply for Social Security benefits, you must inform the SSA that you will receive a pension from non-covered employment. You will need to provide documentation from CalPERS or CalSTRS about your pension eligibility and amount.
Important details and nuances:
The WEP recalculates your Social Security benefit using a modified formula. The maximum reduction for 2024 is $587, but it cannot be more than half of your monthly pension. This provision affects your own retirement or disability benefits. A different rule, the Government Pension Offset (GPO), may affect any spousal or survivor benefits you are eligible for.
Warnings and limitations:
The online calculator provides only an estimate. The SSA makes the final, official calculation when you formally apply for benefits. Failure to report your pension can result in overpayments that you will be required to pay back, potentially with penalties.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Social Security
Benefits, disability claims, and retirement planning
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