The Social Security Fairness Act, signed into law on January 5, 2025, eliminates two provisions that have long impacted public servants, including first responders: the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). These provisions previously reduced or eliminated Social Security benefits for individuals receiving pensions from non-Social Security-covered employment, according to the Social Security Administration.
For firefighters, police officers, paramedics/EMS personnel and other public sector employees, the repeal means they may now qualify for higher Social Security benefits. But with the law now in place, when will changes take effect, and what should first responders do next?
When will first responders see increased benefits?
Although the Social Security Fairness Act was signed into law, benefit adjustments will take time. The Social Security Administration (SSA) has stated that implementing the changes will take time due to staffing shortages, outdated systems and funding constraints, according to CNBC.
The SSA estimates it could take more than a year to fully adjust benefits and disburse retroactive payments.
This delay has drawn criticism from lawmakers, including Rep. Clay Higgins (R-La.), who is calling for swift implementation of the law. In a letter to the SSA’s acting commissioner, Higgins urged the administration to speed up adjustments and provide transparency on the process.
“Those who have suffered under the failures of the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) do not have the time to wait a year or more until they start seeing changes to their benefits,” Higgins wrote in a statement. “I understand the major task of implementing the Social Security Fairness Act—updating the benefits of over 3.2 million individuals will not be done overnight. However, the American people deserve excellent performance.”
Who is responsible for implementing these changes?
The Social Security Administration is responsible for:
- Recalculating benefits
- Processing retroactive payments
- Ensuring that eligible individuals receive the correct benefits
Additionally, the Internal Revenue Service (IRS) is expected to issue guidance on how these changes will impact tax reporting for those receiving adjusted benefits.
What steps should first responders take now?
While the SSA works through the implementation process, first responders affected by the repeal of WEP and GPO should take a few key steps:
- Check your eligibility: If WEP or GPO previously reduced your Social Security benefits, you may now qualify for an increase. You can apply online or call 1-800-772-1213, mentioning the “Fairness Act” to be directed to SSA representatives.
- Update your SSA records: Make sure your contact and banking details are current to avoid payment delays.
- Follow official updates: The SSA has a dedicated webpage for news on the Social Security Fairness Act’s rollout.
What challenges are affecting the implementation timeline?
The SSA faces several challenges in implementing the Social Security Fairness Act:
- Funding constraints: The Social Security Fairness Act did not allocate additional funds for its implementation, placing a strain on the SSA’s existing resources, according to Colorado Pera, an organization that provides retirement benefits to more than 500 government agencies.
- Staffing shortages: With a hiring freeze in effect since November 2024, the SSA is operating with reduced staff, impacting its ability to process the necessary benefit adjustments promptly, Colorado Pera states.
- Manual processing requirements: Much of the work to adjust benefits must be done manually on a case-by-case basis, further extending the timeline for implementation, CNBC reports.
How will this impact future benefits?
For many first responders, the repeal of WEP and GPO means significant increases in Social Security benefits. According to the SSA, some retirees could see their monthly checks increase by more than $1,000.
Additionally, the law applies retroactively, meaning eligible individuals will receive back payments for benefits payable from January 2024 and beyond — but only once the SSA processes the changes, according to CNBC.
How will retroactive payments be handled?
The repeal of WEP and GPO is retroactive to benefits payable for January 2024 and later. This means that eligible individuals will receive back payments once the Social Security Fairness Act processes the necessary adjustments, according to the SSA. However, due to the challenges mentioned earlier, these retroactive payments may be delayed. Beneficiaries are advised to monitor the SSA’s official communications for updates on payment timelines.
How will the Social Security Fairness Act changes affect tax reporting?
Increased Social Security benefits may have tax implications for recipients, the IRS states. Beneficiaries should be aware that higher benefit amounts could affect the taxable portion of their Social Security income.
The IRS provides guidelines on the taxation of Social Security benefits, and individuals are encouraged to consult these resources or seek advice from a tax professional to understand how the changes may impact their tax situation.
What’s next?
While the passage of the Social Security Fairness Act is a win for first responders, the reality is that its implementation will take time. Lawmakers are pushing for faster action, but funding and staffing challenges remain barriers to immediate relief.
For now, staying informed, checking eligibility and ensuring personal records are up to date are the best steps first responders can take as they wait for their benefits to be adjusted.
