Social Security Fairness Act 2026

The Social Security Fairness Act of 2026 marks a major shift in how retirement and survivor benefits are calculated for millions of American public sector workers. Signed into law on January 5, 2025, this legislation officially repeals two long-standing and controversial provisions – WEP (Windfall Elimination Provision) and GPO (Government Pension Offset)—that had reduced Social Security benefits for those receiving pensions from non-covered government jobs.

This article explains what the law changes, who benefits, how retroactive payments work, and how your Social Security check could be affected.

Overview

The Social Security Fairness Act has been one of the most awaited reforms by retired public workers. With its implementation, benefits will now reflect actual contributions into the system, regardless of whether a retiree also receives a government pension.

Key DetailInformationLaw NameSocial Security Fairness ActBill NumberH.R. 82 (118th Congress)AuthoritySocial Security Administration (SSA)Effective Rollout2025–2026Main ChangeRepeal of WEP & GPO provisionsEstimated BeneficiariesOver 2.8 millionBenefit IncreaseVaries – Up to $1,000/monthOfficial Websitessa.gov

Repeal

For decades, two provisions – WEP and GPO – reduced Social Security payments for certain retirees:

WEP: Reduced retirement or disability benefits by modifying the benefit calculation formula for those who had a pension from non–Social Security-covered employment.

GPO: Reduced or eliminated spousal and survivor benefits by subtracting two-thirds of the public pension amount from the Social Security payment.

With the Social Security Fairness Act, both rules are now repealed, and full benefits are restored without those deductions.

Beneficiaries

Approximately 2.8 million Americans are directly affected by this reform. The groups benefiting include:

Teachers

Police officers and firefighters

Federal employees under CSRS (Civil Service Retirement System)

Workers with foreign government pensions

Spouses and survivors of those affected

Anyone previously affected by WEP or GPO is now eligible for recalculated benefits. Increases may range from modest monthly additions to over $1,000 per month, depending on individual circumstances.

Calculation

Under the new law, Social Security benefits are now calculated the same for everyone, without WEP or GPO deductions. Key impacts include:

Retirement benefits are now based solely on Social Security-covered earnings.

Spousal and survivor benefits are paid in full, regardless of pension from another job.

Smaller pensions that previously reduced Social Security checks no longer apply.

Calculations follow the standard SSA formula, ensuring fair and equal benefit amounts.

Retroactive

One of the most impactful changes is the retroactive payment provision:

Lump-sum payments were issued for benefits owed starting from January 2024.

By July 2025, over 3.1 million payments were sent out, totaling approximately $17 billion.

Funds were directly deposited to bank accounts on file with the SSA.

SSA sent notices by mail explaining the retroactive amount and details.

Payments are valid even if you receive the money before the official notice.

Updates

If you are already receiving benefits, you don’t need to take any action. The SSA automatically adjusts your payment based on updated records.

You can check your updated payment amount using your mySocialSecurity account.

If you were previously ineligible or didn’t apply due to WEP/GPO, you can now submit a new application.

Note: Standard retroactive claim limits still apply for new applications.

FAQs

What is the Social Security Fairness Act?

It repeals WEP and GPO rules, restoring full Social Security benefits.

Who qualifies under this new law?

Public workers impacted by WEP or GPO, such as teachers and police.

Is there a retroactive payment?

Yes, benefits owed from January 2024 are paid as a lump sum.

Do I need to apply for new benefits?

Current recipients don’t need to reapply, but new applicants can apply now.

Where can I check my updated benefit?

Log in to your mySocialSecurity account or contact the SSA directly.