A landmark change in federal law may offer long-awaited relief for retirees like Joan Miller, 66, who spent decades working in a public-sector job that didn’t pay into Social Security. Despite having a pension, Joan was previously denied spousal benefits under her husband’s Social Security record until now.

Thanks to the Social Security Fairness Act of 2025, millions of Americans receiving non-covered government pensions may now qualify for Social Security benefits they were once excluded from. The repeal of two controversial provisions the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO) has created a path forward for retirees who were previously shut out.

The Problem: WEP and GPO

Until recently, two specific rules affected individuals who worked in jobs not covered by Social Security such as many teachers, police officers, firefighters, and other public employees.

The Windfall Elimination Provision reduced Social Security retirement benefits for those who earned a pension from non-Social Security-covered work. Meanwhile, the Government Pension Offset slashed or even eliminated spousal or survivor benefits for individuals receiving a government pension.

In practice, this meant that someone like Joan, who never paid into Social Security due to her job with a state government, could not claim a spousal benefit based on her husband’s work record. Many found the rules confusing and unfair, especially when their spouses had paid into the system for decades.

What the New Law Changes

The Social Security Fairness Act, signed into law by President Joe Biden in January 2025, repeals both the WEP and the GPO. This sweeping change now allows individuals receiving a pension from non-covered work to claim full Social Security spousal or survivor benefits.

This is a long overdue correction,” said Rep. Abigail Watson (D-CA), a key sponsor of the bill. “Millions of retirees, especially women, were being penalized simply because of where they worked.”

According to the Social Security Administration (SSA), those impacted by the repeal can expect not only eligibility for monthly benefits but also retroactive payments dating back to January 2024.

Who Qualifies?

Your wife may now qualify for spousal benefits if:

• She is at least 62 years old.
• You (the spouse) are receiving Social Security retirement or disability benefits.
• You’ve been married for at least one continuous year.

Spousal benefits can be up to 50% of your full retirement benefit if claimed at full retirement age. Importantly, the new legislation ensures that receiving a government pension no longer reduces or eliminates this benefit.

Additionally, if the higher-earning spouse passes away, the surviving spouse can receive survivor benefits, which may be equal to the full Social Security benefit amount of the deceased.

What You Need to Do

If your wife has never applied for Social Security benefits, the next step is to file a claim with the SSA. Benefits are not issued automatically — even under the new rules.

You can begin the application process at the SSA’s Apply for Benefits page.

Other recommended steps:

1. Create or update a “My Social Security” account at ssa.gov/myaccount to manage records and track payments.
2. Ensure contact details and banking information are current, especially if retroactive payments are expected.
3. Contact a local SSA office or call 1-800-772-1213 to speak with a representative for personalized help.

Will Retroactive Payments Be Issued?

Yes. The SSA has begun issuing lump-sum payments to those newly eligible due to the repeal of WEP and GPO. According to the agency, retroactive payments may cover benefits dating back to January 2024, depending on when the individual became eligible.

Processing times may vary, so applicants are encouraged to apply soon to avoid delays.

Broader Impact of the Law

The repeal of the WEP and GPO is being hailed as a victory for equity and fairness in retirement. Roughly 2 million retirees — the majority of them women — were affected by the offsets, according to a 2022 Congressional Research Service report.

“It’s a step toward honoring public servants,” said Mary Collins, executive director of the National Retired Teachers Association. “They earned their pensions, and they should not be penalized when their spouse worked in the private sector.”

Final Thoughts

If your wife, like many others, was denied Social Security benefits due to the old laws, this new legislation represents a chance to reclaim what many consider a rightful benefit. The Social Security Fairness Act ensures that working in a government role no longer comes at the cost of spousal financial security in retirement.