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Form SSA-308 For WEP

Form SSA-308 For WEP

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Old Feb 17th 2023, 1:13 pm
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Default Form SSA-308 For WEP

I was recently sent a form SSA-308 MODIFIED BENEFIT FORMULA QUESTIONNAIRE - FOREIGN PENSION (basically so they can apply WEP), together with another form which I forget the number of. I am in receipt of a SS pension which I took at the age of 62 and in the interview with the FBU I guess I mentioned the fact that I have 2 UK company pensions whose normal retirement age was 65. The forms arrived after my 65th birthday so I'm guessing that it was the info that I gave the FBU that caused this. I've not yet taken my company pensions and since my UK state pension is not due until I'm 66, I had nothing to report on form SSA-308 - so I didn't complete it. I did however return the other form - can't remember its number. The SSA didn't like this because they've written to me again, saying that I failed to respond to the original SSA-308.

Should I have returned the SSA-308 with all fields blank, and maybe provided a statement in the "Remarks" box?

Surely they don't want to know what my company pensions would pay if I'd chosen to take them?

Any advice?
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Old Feb 17th 2023, 3:23 pm
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Default Re: Form SSA-308 For WEP

I would return one form for each pension and enter the date you expect to receive the pension and put the amounts as unknown. Likely they will contact you again when the new dates roll around and then you can complete the forms with updated information.
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Old Feb 17th 2023, 9:30 pm
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Default Re: Form SSA-308 For WEP

Originally Posted by Glasgow Girl
I would return one form for each pension and enter the date you expect to receive the pension and put the amounts as unknown. Likely they will contact you again when the new dates roll around and then you can complete the forms with updated information.
That's an idea. But even then, pensions can be deferred.

They do ask hard to answer questions like when did you become eligible for the pension, as if they'd like to apply WEP from that time onwards. With the pension freedoms in the UK since 2015, you can possibly take your company pension at age 55, but it would be much reduced and unwise (probably). For example, I have one company pension that I could have taken when I left that company - at age 60 - but I chose the "normal retirement age" of 65 for it. If I were to declare that pension as "eligible" at age 60, it would be impossible to provide the value of the monthly payments - because I didn't request such information at the time, and it would be much different to the values now, or when I decide to take it (maybe at 66).

The only certainty is that UK state pension can't be taken early, but even that can be deferred.
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Old Feb 17th 2023, 11:27 pm
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Default Re: Form SSA-308 For WEP

Since you chose age 65 and that is when they will commence payments that is the date you enter for eligibility. If you don’t know the exact amount (and you probably do not if the pension includes a cost of living adjustment) then put unknown. They really don’t care until you start receiving the funds because that is when they calculate WEP. For the UK OAP pension put in your full pension age, whatever that may be, and again unknown because you won’t know what the payment will be until you get there. You are overthinking this. The issue is that you did not return the form and they cannot deal with that. I suspect they will file the form you return, update your file with new dates and contact you again when your dates roll around.

EDIT: Just noted you are 65 already, I would add a note to the unknown amount and state deferred until whatever date. They will likely contact you and take it from there. Like I said, the issue is not returning the form and the standard operating process will be to dog you until you do return it. Or, just phone them and ask them what to do.

Last edited by Glasgow Girl; Feb 17th 2023 at 11:34 pm.
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Old Feb 18th 2023, 10:34 am
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Default Re: Form SSA-308 For WEP

Originally Posted by Glasgow Girl
Since you chose age 65 and that is when they will commence payments that is the date you enter for eligibility. If you don’t know the exact amount (and you probably do not if the pension includes a cost of living adjustment) then put unknown. They really don’t care until you start receiving the funds because that is when they calculate WEP. For the UK OAP pension put in your full pension age, whatever that may be, and again unknown because you won’t know what the payment will be until you get there. You are overthinking this. The issue is that you did not return the form and they cannot deal with that. I suspect they will file the form you return, update your file with new dates and contact you again when your dates roll around.

EDIT: Just noted you are 65 already, I would add a note to the unknown amount and state deferred until whatever date. They will likely contact you and take it from there. Like I said, the issue is not returning the form and the standard operating process will be to dog you until you do return it. Or, just phone them and ask them what to do.
You are probably right. I was sent two forms originally, a "Retirement, Survivors, and Disability Insurance - Request For Information" and a SSA-308. The former had questions such as "Have you retired and started receiving a pension from another country .." and the awkward "What is the earliest date you could have received a pension had you stopped working and made an application" - easy to answer for state pension but slightly more complex for company pensions. I returned that form with freehand comments explaining state pension age and the 2015 Pension Freedoms Act. I thought that would be sufficient so didn't return the SSA-308. In retrospect, that was probably a mistake.
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