Social Security

Social Security Fairness Act: What Texas Teachers Gain

The Social Security Fairness Act ended WEP and GPO. What it means for Texas teachers and TRS retirees in 2026, who gains, and what to do if you never applied.

The Social Security Fairness Act, signed into law on January 5, 2025, repealed the two rules that cut Social Security benefits for many Texas teachers: the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). For benefits payable from January 2024 onward, a TRS pension no longer reduces your own Social Security benefit or a spousal or survivor benefit.

Most people who were already collecting reduced benefits have been paid back and moved to higher monthly amounts. If you never applied because you expected WEP or GPO to wipe out your benefit, you may need to apply now.

What did the Social Security Fairness Act change for Texas teachers?

Most Texas public school employees do not pay Social Security tax on their school pay. They earn a pension from the Teacher Retirement System of Texas (TRS) instead. The Texas Retired Teachers Association estimates that 96 percent of Texas public school employees do not pay into Social Security through their school jobs.

Social Security Fairness Act

Before 2024, two federal rules reduced Social Security for people with a pension from work that was not covered by Social Security:

The WEP reduced the Social Security benefit you earned from other jobs, such as summer work or a career before teaching. Under the old formula, the cut could not be more than half of your monthly non-covered pension.
The GPO reduced spousal and survivor benefits by two-thirds of your monthly non-covered pension. According to the Social Security Administration (SSA), nearly 70 percent of people affected by the GPO had their spousal or survivor benefit eliminated entirely.

The Act removed both rules. Under the law, the changes apply to monthly benefits payable for months after December 2023.

TRS says your TRS annuity itself is not affected by Social Security. The change is only on the Social Security side.

Who benefits, and who does not?

You may see higher Social Security benefits if you receive a pension from work that was not covered by Social Security, such as:

Many Texas public school teachers and staff who retire under TRS
Some police officers, firefighters and other city or county employees whose jobs were not covered
Federal employees covered by the Civil Service Retirement System (CSRS)
People whose work was covered by a foreign social security system

The Act does not raise benefits for public employees who paid Social Security tax on their jobs. SSA notes that about 72 percent of state and local public employees nationwide work in Social Security covered jobs and were never affected by WEP or GPO. You also need enough Social Security credits from covered work, or a spouse with a Social Security record, to receive a benefit at all.

How much more could you receive?

It depends on your work history and pension. SSA says some people's benefits rose very little, while others became eligible for more than $1,000 more each month.

SSA's own WEP example shows the scale. A worker with 20 years of covered earnings and an $800 monthly non-covered pension had a regular benefit of $1,321, cut by $400 to $921 under WEP. Without WEP, that worker receives the full $1,321.

The GPO change can matter even more for widows and widowers. Here is a simple, hypothetical illustration with round numbers:

A retired Leander teacher receives a $3,000 monthly TRS pension.
Her late husband's Social Security survivor benefit would be $2,400 a month.
Under the old GPO, two-thirds of her pension ($2,000) was subtracted, leaving a survivor benefit of $400.
After the Act, she can receive the full $2,400 survivor benefit, an extra $2,000 a month, or $24,000 a year.

Other Social Security rules still apply. If she also had her own Social Security retirement benefit, the normal rules for people entitled to more than one benefit would still determine her total.

Where does implementation stand in 2026?

SSA began adjusting monthly payments on February 25, 2025. Most affected beneficiaries received their new monthly amount starting in April 2025, for their March 2025 benefit. People owed back benefits received a one-time retroactive payment covering the increase back to January 2024.

As of July 7, 2025, SSA reported it had sent more than 3.1 million retroactive payments totaling $17 billion, five months ahead of schedule. SSA also reported taking 289,715 new applications by mid-July 2025.

If you were already receiving reduced benefits and have not seen an increase or a notice, check your my Social Security account or call SSA. SSA may also send a request for your pension amount, because WEP and GPO still apply to months before January 2024.

What should you do now?

If you were already collecting reduced benefits, confirm that SSA has your current mailing address and direct deposit information, and keep the notices SSA mailed you.
If you never applied for your own retirement benefit because of WEP, or for a spousal or survivor benefit because of GPO, contact SSA. You can apply for retirement or spousal benefits online at ssa.gov. Survivor benefits require a phone application at 1-800-772-1213.
Apply soon. SSA says the Act did not change the rules on retroactive benefits. For most retirement and survivor claims, back benefits are generally limited to six months before the month you apply.
Watch your Medicare premium. If you were paying Medicare premiums directly because your benefit was too small, SSA says the premium will move to a deduction from your Social Security payment once your record is updated. Keep paying the bill until you get that notice.
Plan for taxes on a lump sum. A retroactive payment counts as income in the year you receive it. The IRS lets you use a lump-sum election, explained in Publication 915, which figures the taxable part using your income for the earlier year if that lowers your tax. You do not amend the earlier return.

Be cautious of anyone who calls offering to speed up or increase your benefit for a fee. SSA says it never charges for this.

How does this change retirement planning for Texas educators?

For many TRS households, Social Security is now a real part of the income plan instead of a rounding error. A few questions are worth revisiting:

When to claim. Spousal and survivor benefits that were once offset may now be worth waiting for, or claiming at a different age.
Survivor protection. A couple where one spouse has TRS and the other has Social Security may now have a much stronger survivor benefit than they assumed. That can change TRS payout choices and life insurance needs.
Taxes. More Social Security income can raise the share of benefits that is taxable and can push other income into higher brackets. Texas has no state income tax, but federal tax still applies.

Frequently asked questions

Did the Social Security Fairness Act get rid of WEP and GPO for good?

Yes. The law repealed both provisions for benefits payable for months after December 2023. Any future change would take a new act of Congress.

Do Texas teachers get Social Security now?

Only if they qualify through covered work or a spouse's record. The Act did not make TRS jobs covered by Social Security. It removed the reductions for people who already qualified for a Social Security benefit.

Does the Social Security Fairness Act affect my TRS pension?

No. TRS says your TRS benefit payments are not affected by Social Security.

How far back are the retroactive payments?

For people who were already entitled to reduced benefits, back to benefits payable for January 2024. If you never applied, retroactive benefits are generally limited to six months before your application month.

I am a widow with a TRS pension. Should I apply for survivor benefits?

If your late spouse worked under Social Security, very likely yes. Call SSA at 1-800-772-1213, because the survivor application is not available online.

Talk it through with us

The end of WEP and GPO can change the math on claiming ages, survivor benefits and taxes for Texas educators and public employees. If you are a TRS member or married to one, book a Financial Clarity Session with our team to see how the new rules fit your retirement income plan. Vital Wealth & Retirement has helped Central Texas families plan for retirement since 2005.