For decades, many Texas educators received less from Social Security because they also earned a Teacher Retirement System of Texas pension. Two federal rules, the Windfall Elimination Provision and the Government Pension Offset, could reduce or even eliminate their Social Security payments.
That changed when the Social Security Fairness Act was signed into law on January 5, 2025. The law repealed both WEP and GPO for benefits payable from January 2024 forward.
The repeal is a major improvement for affected retirees, but it does not automatically make every Texas teacher eligible for Social Security. Your eligibility still depends on your work record, your spouse's record, and the standard Social Security rules.
Quick Answer
Texas teachers can receive both a TRS pension and Social Security if they qualify for Social Security benefits.
After the repeal:
- WEP no longer reduces a teacher's Social Security retirement or disability benefit because of a TRS pension.
- GPO no longer reduces Social Security spousal or survivor benefits because the recipient receives a TRS pension.
- The change applies to benefits payable for January 2024 and later.
- The repeal does not create Social Security credits or make someone eligible without a qualifying work or family record.
- Your TRS pension itself is not reduced or changed by the new law.
The Teacher Retirement System of Texas confirms that TRS benefit payments are not affected by Social Security.
What Changed for Texas Teachers?
The Social Security Fairness Act repealed two rules:
- The Windfall Elimination Provision, commonly called WEP.
- The Government Pension Offset, commonly called GPO.
According to the Social Security Administration, these provisions had reduced or eliminated benefits for more than 2.8 million people receiving pensions from employment that was not covered by Social Security.
Teachers, police officers, firefighters, federal employees under certain older retirement systems, and some people with foreign pensions were among those potentially affected.
The repeal applies to:
- Social Security retirement benefits based on your own work record
- Social Security disability benefits based on your own record
- Spousal benefits based on another person's record
- Surviving spouse benefits based on a deceased spouse's record
However, the amount of any increase depends on the person's individual Social Security record. Some Texas educators were never affected by WEP or GPO and therefore will not receive an increase from the repeal.
WEP vs. GPO: What Is the Difference?
Although WEP and GPO were often discussed together, they affected different types of Social Security benefits.
| Former rule | Benefit it affected | What it did before repeal | Status for January 2024 and later |
|---|---|---|---|
| WEP | Your own retirement or disability benefit | Changed the Social Security benefit formula and could reduce the payment | Repealed |
| GPO | Spousal or surviving spouse benefit | Reduced the benefit based on the amount of a government pension | Repealed |
The key distinction is simple: WEP affected benefits earned through your own covered work, while GPO affected benefits claimed through a spouse or deceased spouse.
What WEP Used to Do
The Windfall Elimination Provision affected some workers who received both:
- A pension from employment where Social Security taxes were not withheld
- A Social Security retirement or disability benefit from other jobs where Social Security taxes were withheld
Before its repeal, WEP modified the formula SSA used to calculate the worker's Social Security benefit. It did not reduce the TRS pension. Instead, it could reduce the Social Security payment earned through other covered employment.
For example, a Texas teacher might have worked in private-sector employment before entering education or taken a second job that paid into Social Security. Even if the teacher qualified for a Social Security benefit from that work, WEP could reduce the resulting monthly payment because the teacher also received a pension from non-covered employment.
The repeal means WEP no longer applies to benefits payable for January 2024 and later. SSA provides additional historical details in its official Windfall Elimination Provision publication.
What GPO Used to Do
The Government Pension Offset applied to Social Security spousal and survivor benefits.
Before the repeal, SSA generally reduced an affected person's spousal or surviving spouse benefit by two-thirds of their government pension. If that offset was larger than the Social Security benefit, the payment could be reduced to zero.
Consider a simplified example:
- Monthly TRS pension: $3,000
- Two-thirds of the pension: $2,000
- Potential Social Security spousal benefit: $1,500
Under the former GPO rule, the entire $1,500 spousal benefit could have been eliminated because the $2,000 offset exceeded the Social Security benefit.
For benefits payable from January 2024 forward, that GPO reduction no longer applies. The former calculation is documented in SSA's Government Pension Offset publication.
The repeal does not guarantee that a person will receive the maximum spousal or survivor benefit. Normal Social Security rules still apply, including eligibility requirements, claiming-age reductions, and coordination with a person's own Social Security benefit.
When Did the Repeal Take Effect?
The law was signed on January 5, 2025, but its financial effect reaches back further.
December 2023 was the final month for which WEP and GPO could apply. The rules no longer apply to benefits payable for January 2024 or any later month.
Because Social Security generally pays benefits one month after the month for which they are due, a benefit payable for January 2024 would normally have been received in February 2024.
SSA began adjusting affected accounts in 2025. By July 7, 2025, the agency reported completing more than 3.1 million payments totaling approximately $17 billion under the new law.
People who were already receiving benefits affected by WEP or GPO generally had their records reviewed by SSA. Someone who never applied because they expected WEP or GPO to eliminate the benefit may still need to submit an application.
What the Repeal Does Not Do
This is the most important limitation for Texas educators: repealing WEP and GPO does not create Social Security eligibility.
The new law does not:
- Add Social Security credits to your work record
- Convert TRS service into Social Security-covered employment
- Guarantee a retirement benefit based only on receiving a TRS pension
- Create a spousal or survivor benefit if the normal relationship and eligibility requirements are not met
- Change the amount of your TRS pension
- Eliminate standard reductions for claiming Social Security before full retirement age
- Eliminate the Social Security earnings test for people who claim early and continue working
Most TRS-covered employers do not pay into Social Security. Whether you qualify therefore depends on whether you earned sufficient Social Security coverage through other employment or qualify for a family benefit.
The next step is to identify which Social Security record could provide your benefit: your own work record, a spouse's record, an ex-spouse's record, or a deceased spouse's record.
Who Can Receive Social Security Alongside a Texas TRS Pension?
Receiving a TRS pension does not prevent you from receiving Social Security. After the WEP and GPO repeal, the pension also no longer triggers those two reductions.
You still need to qualify for Social Security through one of the standard paths:
- Your own Social Security-covered work record
- A current or former spouse's work record
- A deceased spouse's or former spouse's work record
Some retired Texas teachers may qualify through more than one path. SSA generally pays the highest benefit for which the person is eligible rather than adding the full benefit amounts together.
| Your situation | Potential Social Security benefit | Main requirement |
|---|---|---|
| You worked in Social Security-covered jobs | Retirement benefit on your own record | Usually 40 Social Security credits |
| Your spouse receives Social Security | Spousal benefit | Marriage and age or caregiving requirements |
| You are divorced | Divorced-spouse benefit | Marriage generally lasted at least 10 years |
| Your spouse or former spouse died | Survivor benefit | Survivor eligibility requirements |
| You have no qualifying work or family record | Usually no Social Security benefit | WEP/GPO repeal does not create eligibility |
Key takeaway
The repeal removed a reduction. It did not replace the normal eligibility rules. The first question is not whether you receive TRS. It is which Social Security record may qualify you for a benefit.
Social Security From Your Own Work Record
You may qualify for your own Social Security retirement benefit if you worked in jobs where Social Security taxes were withheld.
This could include employment:
- Before becoming a Texas educator
- Between periods of TRS-covered employment
- At a second job
- After leaving public education
- With a Texas school district that participates in Social Security
- Through self-employment where Social Security taxes were properly paid
For retirement benefits, you generally need 40 Social Security credits. A worker can earn no more than four credits per year, so qualifying normally requires at least 10 years of covered work.
In 2026, you earn one credit for each $1,890 in covered earnings, up to four credits after earning $7,560 during the year. These thresholds apply to eligibility, not directly to the size of your monthly payment.
According to the Social Security Administration's credit rules, earning more than 40 credits does not by itself increase your payment. Your benefit amount is based primarily on your covered earnings history.
Example: Teacher With Previous Private-Sector Work
Suppose Maria worked for 14 years in private-sector jobs where she paid Social Security taxes. She later became a Texas public school teacher and earned a TRS pension.
Before the repeal, WEP could have reduced the Social Security retirement benefit based on Maria's private-sector employment.
For benefits payable from January 2024 forward:
- Maria can continue receiving her TRS pension.
- WEP no longer reduces her Social Security benefit.
- Her actual Social Security amount still depends on her covered earnings and the age at which she claims.
- Her years of TRS employment do not become Social Security-covered years unless Social Security taxes were paid on those wages.
This means two teachers with similar TRS pensions may receive very different Social Security payments because their covered work histories are different.
Check Whether Your School Employment Was Covered
Do not assume that every Texas school employee has the same Social Security coverage.
The Teacher Retirement System of Texas states that most TRS-covered employers do not pay into Social Security. However, coverage depends on the employer and position.
Review an old pay statement or W-2 and look for:
- Social Security tax
- OASDI
- FICA Social Security
- Wages reported in Box 3 of Form W-2
- Social Security tax withheld in Box 4
Medicare withholding alone does not mean you were earning Social Security credits. A public employee may pay Medicare tax while not paying the Social Security portion of FICA.
Your official earnings record is more reliable than memory or an old job title. A personal my Social Security account allows you to review reported earnings, check them for accuracy, and see personalized benefit estimates.
Spousal Benefits for Texas TRS Retirees After GPO
A Texas educator may qualify for a spousal benefit based on a husband's or wife's Social Security record even without 40 credits on their own record. A qualifying spousal benefit can be worth up to 50% of the worker's full-retirement-age amount, but claiming early can reduce it.
Before January 2024, GPO could reduce or eliminate this payment because the educator received a TRS pension. That pension-based offset no longer applies. Normal SSA requirements still do.
If a retiree qualifies on both records, SSA does not normally add two full benefits together. For example, someone entitled to $700 on their own record and a total eligible spousal amount of $1,100 would generally receive approximately $1,100, not $1,800.
For the complete age, marriage, deemed-filing, and calculation rules, see Social Security spousal benefits and SSA's Family benefits page.
Divorced Texas TRS Retirees After GPO
A divorced educator may qualify on a former spouse's Social Security record if the marriage generally lasted at least 10 years and the other requirements are met. GPO no longer reduces that benefit because of a TRS pension for months beginning January 2024.
A qualifying claim generally does not reduce payments to the former spouse or their current spouse. Review the detailed conditions in SSA's Family benefit eligibility guidance.
Survivor Benefits for Texas TRS Retirees After GPO
A TRS retiree may qualify for survivor benefits after the death of a spouse or qualifying former spouse who paid Social Security taxes. Before the repeal, GPO could reduce this payment, sometimes to zero. A TRS pension no longer causes that offset for benefits payable from January 2024 onward.
Survivor benefits have their own claiming ages and switching rules. Someone eligible on both their own record and a deceased spouse's record may be able to claim one benefit first and switch later. See Social Security survivor benefits for the full rules and SSA's survivor eligibility page for official requirements.
Identify the Record That May Qualify You
Ask four questions before estimating the effect of the repeal:
- Do you have at least 40 credits on your own Social Security record?
- Is your current spouse entitled to retirement or disability benefits?
- Did a previous marriage last at least 10 years?
- Did a spouse or qualifying former spouse die after Social Security-covered work?
A "yes" identifies a record SSA should review. A "no" to all four usually means the repeal will not create a new Social Security payment because there is no qualifying record from which to pay it.
How Much Could Your Social Security Benefit Increase?
There is no standard increase for Texas teachers.
According to the Social Security Administration, some affected beneficiaries may receive only a small increase, while others may receive more than $1,000 per month.
The result depends on factors including:
- Whether WEP, GPO, or both previously affected you
- Your Social Security-covered earnings history
- The type of benefit you receive
- Your claiming age
- Your spouse's or former spouse's benefit record
- The amount previously withheld under WEP or GPO
- Whether you were already entitled to benefits in January 2024
- Whether and when you submitted an application
Your TRS pension amount may have influenced the old GPO calculation, but the repeal does not use the size of your TRS pension to determine your new Social Security payment.
Simplified Examples
| Situation | Before repeal | After repeal |
|---|---|---|
| Own benefit calculated at $1,200, reduced to $700 by WEP | $700 per month | Potentially $1,200 per month before other adjustments |
| $1,400 survivor benefit eliminated by a $2,000 GPO offset | $0 per month | Potentially $1,400 per month before other adjustments |
These examples illustrate only the removal of WEP or GPO. SSA must calculate the actual payment using the person's earnings record, claiming age, entitlement history, and all other applicable rules.
Will You Receive Back Pay to January 2024?
Possibly, but not everyone qualifies for the same retroactive period.
The critical distinction is whether you were already entitled to Social Security benefits or whether you had never applied.
If You Were Already Receiving an Affected Benefit
If SSA was already paying you a benefit reduced by WEP or GPO, the adjustment generally applies beginning with benefits payable for January 2024.
The same may apply if you were entitled to a benefit but GPO reduced the actual payment to zero.
SSA began issuing one-time past-due payments in 2025. These payments covered eligible increases dating back to January 2024.
You may have received:
- A one-time direct deposit
- A higher recurring monthly benefit
- One or more mailed notices explaining the adjustment
The deposit could arrive before the written notice, so review both your bank statements and your SSA correspondence.
If You Never Applied
The situation is different if you never submitted an application because you believed WEP or GPO would make the benefit too small or reduce it to zero.
The Social Security Fairness Act repealed WEP and GPO, but it did not change the normal rules governing when an application becomes effective.
SSA states that retroactivity for some retirement and survivor claims is generally limited to six months before the application month. Certain disability claims may allow up to 12 months, but different requirements apply.
Therefore, someone applying now should not assume SSA will automatically pay benefits back to January 2024.
Important takeaway
Repeal effective date and application effective date are not the same thing.
January 2024 is when WEP and GPO stopped applying. It does not guarantee that every new applicant can collect payments beginning in January 2024.
Do You Need to Contact SSA?
The correct action depends on your status.
| Your situation | Recommended action |
|---|---|
| You were receiving a benefit reduced by WEP | Review your SSA notice, online account, and payment history |
| Your spousal or survivor benefit was reduced or eliminated by GPO | Confirm that SSA reviewed the claim |
| You never applied because of WEP or GPO | Apply as soon as appropriate |
| You are unsure whether you previously applied | Contact SSA and verify your claim history |
| Your earnings record appears incomplete | Gather W-2s or tax records and request a correction |
| SSA requests information about your TRS pension | Respond using the requested TRS documentation |
| Your address or banking information changed | Update it through your SSA account |
If SSA already had an active affected claim and accurate contact and direct-deposit information, the agency generally processed the WEP or GPO adjustment without requiring a new application.
Do not assume this happened correctly. Review the actual figures.
Step 1: Review Your Social Security Record
Sign in to your official my Social Security account and check:
- Your reported earnings by year
- Whether you have enough credits for retirement benefits
- Your estimated benefit at different claiming ages
- Your current monthly payment, if already receiving benefits
- Your mailing address
- Your direct-deposit information
- Available benefit or adjustment notices
Compare your earnings history with old W-2 forms or tax records. Missing covered earnings can reduce your estimate or affect eligibility.
TRS-covered wages on which Social Security taxes were not paid should not appear as Social Security-covered earnings. That is not necessarily an error.
Step 2: Determine Whether You Previously Filed a Claim
Some retirees discussed their situation with SSA but never completed an application. A phone conversation or benefit estimate is not necessarily a filed claim.
Verify whether you formally applied for:
- Retirement benefits on your own record
- Spousal benefits
- Divorced-spouse benefits
- Survivor benefits
- Disability benefits
If you never applied, the application date may affect when payments can begin. Waiting can result in the loss of months that cannot later be recovered.
Step 3: Apply Through the Correct Channel
Retirement and spousal benefits can generally be requested through the SSA benefits application.
When seeking a spousal benefit, select the family-benefit option so SSA can consider the relevant benefits for which you may qualify.
Survivor benefits cannot currently be applied for entirely online. SSA directs surviving spouses to call 1-800-772-1213 or contact a Social Security office.
When speaking with SSA, clearly explain that:
- You receive or expect to receive a Texas TRS pension.
- Your pension is based on work that may not have been covered by Social Security.
- You want SSA to check your eligibility after the WEP and GPO repeal.
- You want to verify whether an earlier claim exists.
- You want SSA to evaluate all potentially applicable records.
Step 4: Provide TRS Information Only When Requested
SSA may need information about your TRS pension to verify payments for periods before January 2024, when WEP and GPO could still apply.
The Teacher Retirement System of Texas can provide benefit information after retirement has been processed and the first annuity payment has been issued. If SSA requests verification, TRS advises members to request the "TRS Benefit Information" form, also known as TRS 562.
The TRS Social Security guidance provides contact information for this request.
A request for pension information does not mean SSA is applying WEP or GPO to current benefits. SSA may need the information to verify older months or complete the historical record.
Rules That Still Affect Your Payment
The repeal removed WEP and GPO, not every Social Security rule. Claiming age, the retirement earnings test, coordination between benefits, Medicare deductions, federal taxation, and the accuracy of your earnings record can still affect the payment.
Watch for Social Security Fairness Act Scams
You do not need to pay anyone to remove WEP or GPO from an existing record. SSA does not charge to start, increase, release, or expedite benefits. Do not provide personal or banking information to an unexpected caller promising a faster payment. Use SSA.gov or SSA's published telephone number.
Final Action Checklist
- Review your earnings, credits, estimates, notices, address, and direct deposit in my Social Security.
- Identify whether you may qualify through your own, a spouse's, a former spouse's, or a deceased spouse's record.
- Confirm whether you previously filed a formal claim and apply promptly if you did not.
- Compare any adjusted payment with SSA's written explanation and retain the records.
- Request TRS Form 562 only if SSA asks for pension verification.
If you are deciding when to retire from Texas public education, review the separate guide to Texas teacher retirement at 55. The WEP and GPO repeal changed Social Security calculations, but it did not change TRS retirement eligibility or pension formulas.
For coverage decisions before Medicare, use the separate guide to Texas teacher retirement health insurance before 65.
Frequently Asked Questions
Can Texas teachers collect both TRS and Social Security?
Yes. A Texas teacher can receive both a TRS pension and Social Security if the teacher qualifies for Social Security through covered employment or an eligible family record.
The WEP and GPO repeal means a TRS pension no longer causes those two reductions for benefits payable from January 2024 onward.
However, receiving a TRS pension does not automatically make someone eligible for Social Security.
Does every retired Texas teacher receive more Social Security now?
No.
A teacher will not receive an increase if WEP or GPO did not previously affect their benefits. A teacher with no qualifying Social Security work record or family record does not become eligible solely because the provisions were repealed.
The change primarily helps people whose own retirement or disability benefit was reduced by WEP or whose spousal or survivor benefit was reduced or eliminated by GPO.
Does the repeal increase my TRS pension?
No. The repeal affects federal Social Security benefits, not the amount of a Texas TRS pension.
TRS confirms that Social Security does not change TRS benefit payments. The two benefits are administered separately.
Do Texas teachers still need 40 Social Security credits?
You generally need 40 credits to qualify for a Social Security retirement benefit on your own work record.
You may not need 40 credits of your own to qualify for a spousal, divorced-spouse, or survivor benefit based on another person's record. Each benefit type has separate requirements.
Can I qualify through a spouse, former spouse, or deceased spouse?
Possibly. Normal Social Security marriage, age, caregiving, and application rules still apply. A qualifying TRS pension no longer triggers GPO for benefits payable from January 2024 onward.
See the dedicated guides to spousal benefits and survivor benefits for the complete rules.
Will SSA automatically recalculate my benefit?
SSA automatically processed many existing claims that had been reduced by WEP or GPO. Affected beneficiaries generally received a notice, a revised monthly payment, and any eligible past-due amount.
You may need to take action if:
- You never applied
- You are unsure whether an application was completed
- Your earnings record is incorrect
- Your contact or banking information is outdated
- You appear eligible but have not received an adjustment
Can I receive payments back to January 2024 if I apply now?
Not necessarily.
People who were already entitled to benefits affected by WEP or GPO may qualify for adjustments beginning with January 2024.
If you never applied, standard application and retroactivity rules still apply. Some retirement and survivor claims allow limited retroactivity, but a new application does not automatically create entitlement back to January 2024.
Does working after retirement affect Social Security?
It can.
If you claim Social Security before full retirement age and continue working, the retirement earnings test may temporarily withhold some benefits when your covered earnings exceed the applicable annual limit.
Texas TRS also has its own employment-after-retirement requirements. These are separate from Social Security rules. Review the guide to Texas TRS return-to-work rules before accepting employment with a TRS-covered employer.
Bottom Line
The Social Security Fairness Act removed two major reductions that affected some Texas teachers and other public employees.
For benefits payable from January 2024 forward:
- WEP no longer reduces your own Social Security retirement or disability benefit because you receive a TRS pension.
- GPO no longer reduces spousal or survivor benefits because you receive a TRS pension.
- Your TRS pension remains unchanged.
- You must still qualify under the normal Social Security rules.
- You may need to apply if you previously decided not to file.
- A new application does not automatically guarantee payments back to January 2024.
The most important step is to identify every record on which you might qualify. That includes your own work record, a current spouse, a qualifying former spouse, or a deceased spouse.
Check your official SSA account rather than relying only on an old estimate. Benefit calculations issued before the repeal may no longer reflect what you can receive.
Official Sources
- Social Security Fairness Act: WEP and GPO Update, Social Security Administration
- Social Security Credits, Social Security Administration
- Family Benefit Eligibility, Social Security Administration
- Family Benefit Amounts, Social Security Administration
- Survivor Benefit Eligibility, Social Security Administration
- Windfall Elimination Provision Publication, Social Security Administration
- Government Pension Offset Publication, Social Security Administration
- Social Security and TRS, Teacher Retirement System of Texas
Editorial Note
This guide was reviewed using official information from the Social Security Administration and the Teacher Retirement System of Texas. It was last reviewed in September 2026.
Social Security and TRS rules can depend on individual employment, marriage, application, and benefit records. This article provides general educational information and is not legal, tax, or individualized financial advice. Contact SSA or TRS for a determination based on your record.
