lansbury

I asked if she could use credits in the pension she qualified for to "top up" her UK pension to reach a qualifying level in that, or use the UK pension to reach a full SS pension. The answer that I received was as she already qualified for one pension that ruled out either option. At least that is my recollection of a discussion a good few years ago now so I'm not going to put money on my memory being correct especially in light of your comments here.

The discussion with DWP was early 2006 when we knew we would be heading Stateside end of that year. They offered the option of buying extra years but at that time we didn't proceed with doing so, but did a few months later. They never mentioned using US credits even though she didn't say she would buy extra years at that time. Basically we were trying to work out when our various pensions would pay out, and for how much, to determine if we could retire when we moved or had to look for jobs in the US.

That would be good then there is something definite to go on and I'll probably find out I have had it arse about face for the last 10 years.

UK2US1979

Thanks for sharing the information. Obviously, you opined based on what you were told. It does not mean you yourself were wrong. Once my brothers claim has been finalized, only then we will know for sure. He is, however, told by the contact center that even though the letter to him states that he is not qualified for UK Pension because of him not having the minimum 11 years required, this is not a final decision.

I called the contact center today and spoke with a representative. I referred to the Totalization Agreement and asked a general question regarding my brother's pension. I specifically asked if one is already drawing the US Social Security, would they still be able to qualify for the UK pension by virtue of the Totalization Agreement. ( i.e using US credits to meet the UK minimum). She said that was correct and that is why they are contacting the US SSA. She added that once confirmed, his UK pension will be pro rated.
So, it would appear that our initial understanding of how Totalization Agreement applies, was accurate.

lansbury

In that case I am happy to be wrong in what I posted here, and your brother and others will in fact get a pension.

Mike1000

Can anyone answer this query I have on WEP (Windfall Elimination Provision).

My American wife and I (I'm British) were advised by the SSA that I could claim social security on the back of my wifes 30+ years of contributing to SSA in America as I had made no contributions to the SSA fund. Similarly she is eligible to a UK state pension based on my full NI contributions over 40+ years.

I've looked at various websites for information regarding WEP and both our entitlements but reading the SSA 2015 advisory, it doesn't seem to cover our specific situation when living in the USA. In essence, with each of us receiving a state pension (US for her) and (UK for me) which we fully paid into, plus receiving a spouse based pension (US for me and UK for her), does WEP come into play, if it does where does it specify it and how much will it cost us ?

Any pointers gratefully received.

Mike1000

Having read some of the posts here it seems that people are saying that if the American spouse has worked and paid in SSA for 30 years then WEP does not apply in any respect to the UK benefits paid to the UK citizen (100% state pension) or non contributed benefits to the US wife (60% of UK state pension). Is this correct ?

Disenchanted

I believe your spousal pension based on your wife's US SSA pension may well be subject to GOP reduction because of your UK OAP.

https://www.ssa.gov/pubs/EN-05-10007.pdf

I do not believe your wife's spousal pension based on your UK NI contributions will be reduced in the UK and it will not cause WEP on her US SSA pension because she has 30+ tears of contributions to SS.

Greg.

Mike1000

I've looked at the WEP form in more detail this morning having checked with my wife on her SSA contribution print out since she started work and it does look as though she is exempt as you say.

The WEP guide line said if "You have 30 or more years of substantial earnings under Social Security." you are exempt from WEP and she is above the 'substantial earnings' chart for those 30 years so even that caveat seems to be covered. I'll check it further but it does look positive, thanks.

lansbury

I claim a spouse SS pension based on my wife's contributions. As my wife didn't pay in for 30 years her SS payments are WEPed. Mine are not.

As your wife has 30 years contributions neither of your SS payments will be WEPed.

lansbury

GOP only applies to pensions paid in the USA, not non US government pensions. Confirmed when I claimed my SS a few months back.

Ebor24

Has anyone been able to file and suspend social security benefits on line? From what I have read its not possible since you can't file if you request benefits to be received more than 4 months from the filing. So if one is at FRA of 66 then its not possible to suspend until one is 70. I suppose one can do that at the local office? But I'm not sure about this.

Ebor24

Has anyone filled in form SSA-308 "Modified Benefit Formula Questionnaire -Foreign Pension"? I receive the U.K State pension with 3 years of non-covered earnings-based contributions and 30 years of Class 3 voluntary contributions. The form is used to determine what proportion of the U.K. State pension falls under WEP. In my case only 3 years should be considered as voluntary contributions are not included in WEP. The problem I have is the form (question 6a) asks for the pension amount for the month you first receive a U.S. social security check. That amount is not exactly known since it fluctuates. The problem is compounded as I plan to file and suspend for two years so who knows what it would be then. I can estimate but is that good enough? Any advice on this would be appreciated.

Nutmegger

Not sure what you mean here. If you don't want to collect until you are 70, you don't file until prior to your 70th birthday. Once you actually file, that is it, there is no stopping it.

Ebor24

I plan to file and suspend payments until I am 70 because this enables my wife to file a restricted application for spousal benefits based on my social security benefits when she reaches her FRA this year.

Ebor24

Question 6 on form SSA-308 reads as follows:

"Enter the amount of your pension before any deductions are made to provide for a survivor annuity, health insurance, etc. (If the pension is not paid in U.S. dollars, show the amount of the pension in the currency in which it is paid.)"

If one receives as I do the state pension money directly in $US should it be reported as such or in pounds? Its somewhat ambiguous. Anyone have a comment on this?

Disenchanted

"File and suspend" will no longer be an option after May 1st 2016.

Say Goodbye to the Social Security 'File-and-Suspend' Strategy - US News