tricky WEP question

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Old Aug 17th 2023, 5:39 pm
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Default Re: tricky WEP question

Additional clarifications help on WEP.
I have an expat pension of 29 years 14 of which, I was in the USA so I paid social security on that pension the remaining years I was in remote locations eg russia, Nigeria etc. how is this treated in determining WEP is this a covered pension, partly covered pension or not covered?

Also for one of those years I worked in USA and uk for around 6 months each and paid Social security and NI to uk and us. How would this be treated. As I managed to pay into my expat employer pension, uk employer pension, social security and NI in the same year. Is that year, going to be covered?
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Old Nov 23rd 2023, 11:18 pm
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Default Re: tricky WEP question

Originally Posted by Pulaski
The totalization agreement between the US and UK, AFAI understand it, is designed to qualify you for "something", when otherwise you would get nothing, and does not allow you to increase the amount you qualify for.

And yes, only pensions paid for with "income "not chargeable for SS contributions" (non-US state pensions, non-US company and private pensions, and US pensions on jobs that do not participate in the federal SS scheme e.g. federal government workers, some state governmentworkers, etc.) are used in thr WEP calculation - the fraction paid for with additional contributions while you were working in the US are not included in the WEP calculation.

If you haven't yet retired in the UK, are there any years from 2006-2007 forward that you haven't made voluntary contributions for? There may be an opportunity for you to make additional contributions for those years, upto July 2023.
Ugh, that was a new one on me, I realised my UK NI state pension would generate some WEP but not my UK work pensions as well - maximum WEP here I come! (I only had 42 quarters of SS payment).
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Old Nov 24th 2023, 6:56 am
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Default Re: tricky WEP question

Originally Posted by durham_lad
Exactly. I have 2 private UK pensions plus UK OAP so will be WEP’ed on all of them, but will have 28 years of SS contributions so it won’t be too bad.
Originally Posted by Cape Blue
Ugh, that was a new one on me, I realised my UK NI state pension would generate some WEP but not my UK work pensions as well - maximum WEP here I come! (I only had 42 quarters of SS payment).
I mentioned that fact above, and I have done the WEP calculations and my UK private pensions WEP me to the max, for me, before I even get to the OAP.

The calculator below is very good. You just need your latest statement from SSA showing all your years. It doesn’t take long to type in 25 figures or so.

https://www.ssa.gov/benefits/retirem...iaWepjs04.html

Last edited by durham_lad; Nov 24th 2023 at 7:00 am.
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Old Nov 24th 2023, 3:19 pm
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Default Re: tricky WEP question

Originally Posted by durham_lad
I mentioned that fact above, and I have done the WEP calculations and my UK private pensions WEP me to the max, for me, before I even get to the OAP.

The calculator below is very good. You just need your latest statement from SSA showing all your years. It doesn’t take long to type in 25 figures or so.

https://www.ssa.gov/benefits/retirem...iaWepjs04.html
But if I delay my private pension to age 67 and take my SS at 62 it looks like I’ll get 5 years of no WEP before the UK state pension kicks in.
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Old Nov 24th 2023, 6:41 pm
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Default Re: tricky WEP question

Originally Posted by Cape Blue
But if I delay my private pension to age 67 and take my SS at 62 it looks like I’ll get 5 years of no WEP before the UK state pension kicks in.
I believe that is correct. You will be asked when you expect to receive private pensions and as long as you don’t delay beyond your full retirement age (FRA) I don’t believe you’ll have a problem. If you delay beyond FRA then I think WEP will be applied based on the value of your pension at FRA, not when you actually receive it.
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Old Nov 27th 2023, 12:02 am
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Default Re: tricky WEP question

Originally Posted by Cape Blue
But if I delay my private pension to age 67 and take my SS at 62 it looks like I’ll get 5 years of no WEP before the UK state pension kicks in.
I don't know if your circumstances would allow it (it would depend on what sort of private pension you have, and the value of it), but have you considered drawing down your UK private pension and living entirely off that, i.e. depleteing the fund entirely, before claiming your US SS? This is now possible as, to the best of my understanding, private pensions in the UK are no longer required to be used to purchase an annuity, and can be drawn down and spent piecemeal at the owner's discretion.

So although this would be foolish for most people under most circumstances, in your case*, it might make sense to use up your pension fund before claiming US SS, thereby dodging WEP at least on your private pension. If the value is sufficient, you may even have the option to defer claiming SS beyond your 67th birthday and actually get an increase to your SS - and of course you'll get substantially more each month just by deferring claiming SS until you reach the age of 67.

* Please note, I am not a financial advisor and I am not offering you financial advice.
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Old Nov 27th 2023, 10:57 am
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Default Re: tricky WEP question

Originally Posted by Pulaski
I don't know if your circumstances would allow it (it would depend on what sort of private pension you have, and the value of it), but have you considered drawing down your UK private pension and living entirely off that, i.e. depleteing the fund entirely, before claiming your US SS? This is now possible as, to the best of my understanding, private pensions in the UK are no longer required to be used to purchase an annuity, and can be drawn down and spent piecemeal at the owner's discretion.

So although this would be foolish for most people under most circumstances, in your case*, it might make sense to use up your pension fund before claiming US SS, thereby dodging WEP at least on your private pension. If the value is sufficient, you may even have the option to defer claiming SS beyond your 67th birthday and actually get an increase to your SS - and of course you'll get substantially more each month just by deferring claiming SS until you reach the age of 67.

* Please note, I am not a financial advisor and I am not offering you financial advice.
correct.

This is how it works these days plus the first 25% of the drawdown is UK tax free. My wife’s brother is doing this right now. He took his 25% and invested it and is drawing it down. When that is depleted he will move onto the tax deferred investments.
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Old Nov 27th 2023, 12:08 pm
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Default Re: tricky WEP question

Originally Posted by Pulaski
I don't know if your circumstances would allow it (it would depend on what sort of private pension you have, and the value of it), but have you considered drawing down your UK private pension and living entirely off that, i.e. depleteing the fund entirely, before claiming your US SS? This is now possible as, to the best of my understanding, private pensions in the UK are no longer required to be used to purchase an annuity, and can be drawn down and spent piecemeal at the owner's discretion.

So although this would be foolish for most people under most circumstances, in your case*, it might make sense to use up your pension fund before claiming US SS, thereby dodging WEP at least on your private pension. If the value is sufficient, you may even have the option to defer claiming SS beyond your 67th birthday and actually get an increase to your SS - and of course you'll get substantially more each month just by deferring claiming SS until you reach the age of 67.

* Please note, I am not a financial advisor and I am not offering you financial advice.
There are so many factors to take into account. We have been considering the same approach but I believe with a full state pension (all from employment) and less than 20 years SS - we will be close to full WEP anyway regardless of any early distributions from a small private pension. I will need to plug in some scenarios into the calculator but have been deferring this project in the hope that the rule will be abolished in the next few years!

However, One question I cannot seem to find the answer. My husband will have a much higher SS pension than me but will probably be subject to the full 50% WEP. Although I do qualify for SS, under normal (non WEP) circumstances, I would have claimed under his SS (50%). However I am not sure if the spousal SS benefit I could receive is calculated pre or post his WEP adjustment? Then, as I would also be in receipt of the state pension, would my SS pension would be WEP'd again!
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Old Nov 27th 2023, 3:00 pm
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Default Re: tricky WEP question

Originally Posted by Russet
There are so many factors to take into account. We have been considering the same approach but I believe with a full state pension (all from employment) and less than 20 years SS - we will be close to full WEP anyway regardless of any early distributions from a small private pension. I will need to plug in some scenarios into the calculator but have been deferring this project in the hope that the rule will be abolished in the next few years!

However, One question I cannot seem to find the answer. My husband will have a much higher SS pension than me but will probably be subject to the full 50% WEP. Although I do qualify for SS, under normal (non WEP) circumstances, I would have claimed under his SS (50%). However I am not sure if the spousal SS benefit I could receive is calculated pre or post his WEP adjustment? Then, as I would also be in receipt of the state pension, would my SS pension would be WEP'd again!
My wife and I are in a similar situation and this is how it is playing out for us. Firstly, to be clear, the max amount that can be WEP reduced is 50% of SS up to the first "bend point" and that max for 2023 is $557/month, so if your monthly SS works out to be $2,000/mo and the max WEP is applied it will go down to $1,443/mo.

My wife started taking her SS payments in 2021 and they were reduced by WEP by her OAP.

I will start taking my SS at age 70 in 2025 and it will get reduced by WEP by about $400/mo (I have more than 20 years contributions but less than 30). At that point my wife's SS will be boosted up to half my SS since she is receiving less than half now, and started her SS benefits at full retirement age.

www.ssa.gov/pubs/EN-05-10044.pdf

If you’re due two benefits, you’re generally paid the higher rate, not both
• As a spouse, if you are eligible for benefits on both your own work record and your spouse’s work record, you may be required to file for both benefits. We call this requirement “deemed filing,” because when you apply for one benefit, you are required or deemed to file for the other.
• If you are required to file for both, you generally receive the higher benefit amount. SSA.gov
• A wife with no work record or low benefit entitlement on her own work record is eligible for between one-third and one-half of her spouse’s Social Security benefit.
• Most working women who reach retirement age receive their own Social Security benefit amount because it’s more than one-third to one-half of their spouse’s rate.
• If your spouse dies before you, you can apply for the higher widow’s rate.
I am not certain but think that her SS will be boosted to half of mine less her own WEP amount that has already been applied. If her WEP amount that was applied in 2021 was a reduction of $350/month then that will stay the same, it won't increase. I THINK
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Old Nov 29th 2023, 9:18 pm
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Default Re: tricky WEP question

Originally Posted by durham_lad
My wife and I are in a similar situation and this is how it is playing out for us. Firstly, to be clear, the max amount that can be WEP reduced is 50% of SS up to the first "bend point" and that max for 2023 is $557/month, so if your monthly SS works out to be $2,000/mo and the max WEP is applied it will go down to $1,443/mo.

My wife started taking her SS payments in 2021 and they were reduced by WEP by her OAP.

I will start taking my SS at age 70 in 2025 and it will get reduced by WEP by about $400/mo (I have more than 20 years contributions but less than 30). At that point my wife's SS will be boosted up to half my SS since she is receiving less than half now, and started her SS benefits at full retirement age.

www.ssa.gov/pubs/EN-05-10044.pdf



I am not certain but think that her SS will be boosted to half of mine less her own WEP amount that has already been applied. If her WEP amount that was applied in 2021 was a reduction of $350/month then that will stay the same, it won't increase. I THINK

Thanks Durham Lad for the detailed response as ever.
Just to clarify, and apologies it helps me to use real numbers! If your SS is for example $2k /mth and reduced by $400 WEP to $1600/mth, would the 50% spousal pension be $1k or $800/mth? Following on, if her WEP stays as $350 - are you expecting her boosted SS pension to be $650/mth or $450/mth? Hope this makes sense.
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Old Nov 29th 2023, 9:46 pm
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Default Re: tricky WEP question

Originally Posted by Russet
Thanks Durham Lad for the detailed response as ever.
Just to clarify, and apologies it helps me to use real numbers! If your SS is for example $2k /mth and reduced by $400 WEP to $1600/mth, would the 50% spousal pension be $1k or $800/mth? Following on, if her WEP stays as $350 - are you expecting her boosted SS pension to be $650/mth or $450/mth? Hope this makes sense.
I don’t know the answer but I THINK her SS would be boosted to 50% of $2k/mo and her WEP will stay the same at at $350/mo leaving her with $650/mo.

I’ll know for sure in about 18 months.
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Old Dec 1st 2023, 9:41 am
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Default Re: tricky WEP question

As I understand WEP only applies if you have less than 40 qualifying years?
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Old Dec 1st 2023, 10:58 am
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Default Re: tricky WEP question

Originally Posted by kateg60
As I understand WEP only applies if you have less than 40 qualifying years?
It mostly applies if you have less than 30 years. It starts going down after 20 years of "substantial earnings" and is at its lowest at year 30.

Full details are here including the substantial earnings limit year by year:

https://www.ssa.gov/pubs/EN-05-10045.pdf

If you have 30 or more years of substantial earnings, we don’t reduce the standard 90% factor in our formula. See the first table that lists substantial earnings for each year. The second table shows the percentage used to reduce the 90% factor depending on the number of years of substantial earnings. If you have 21 to 29 years of substantial earnings, we reduce the 90% factor to between 45% and 85%. To see the maximum amount we could reduce your benefit, visit www.ssa.gov/benefits/retirement/planner/wep.html.

Last edited by durham_lad; Dec 1st 2023 at 11:02 am.
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Old Dec 4th 2023, 10:31 am
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Default Re: tricky WEP question

Originally Posted by durham_lad
I don’t know the answer but I THINK her SS would be boosted to 50% of $2k/mo and her WEP will stay the same at at $350/mo leaving her with $650/mo.

I’ll know for sure in about 18 months.
Thanks again - yes it would seem to make sense otherwise it is double WEP! I will keep my fingers crossed for you in 18 months
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Old Dec 4th 2023, 12:50 pm
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Default Re: tricky WEP question

Originally Posted by Russet
Thanks again - yes it would seem to make sense otherwise it is double WEP! I will keep my fingers crossed for you in 18 months
Thanks, I will be sure to make a report somewhere on the process and results.
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