What You Need to Know About the New Laws for Claiming Retirement Benefits
Reading Time: 2 MinutesLast Updated: August 19, 2021
Have you heard that some of Social Security’s rules about claiming benefits are changing? Well, it’s true. The Bipartisan Budget Act that passed last November closed two complex loopholes that were used primarily by married couples. We want you to know why this happened, how it might affect you, and what you should do next.
But first, don’t forget that one of the best ways to increase your Social Security retirement benefit is to delay claiming it between ages 62 and 70. Each month you delay results in a higher monthly benefit for the rest of your life. The new law doesn’t change this.
The new law closes loopholes that allowed some married couples to receive higher benefits than intended. Only a small fraction of retirees used these loopholes. Closing them helps restore fairness and strengthens Social Security’s long-term financing.
So what’s changing with the new rules?
- First, if you are eligible for benefits both as a retiree and as a spouse (or divorced spouse), you must start both benefits at the same time. This “deemed filing” used to apply only before the full retirement age, which is currently 66. Now it applies at any age up to 70, if you turned 62 after January 1, 2016.
- Second, if you take your retirement benefit and then ask (on or after April 30, 2016) to suspend it to earn delayed retirement credits, your spouse or dependents generally won’t be able to receive benefits on your Social Security record during the suspension. You also won’t be able to receive spouse benefits on anyone else’s record during that time.
For more information about these changes in the law, please visit Recent Social Security Claiming Changes and Retirement Planner.
Deciding when to start your Social Security benefits is a complex and personal decision. You may contact Social Security at 1-800-772-1213 (TTY 1-800-325-0778), or visit your local field office, to speak with a representative about your retirement options. In particular, if you are or will be full retirement age (66) or older before April 30, and you think you want to suspend your benefits, contact us as soon as possible before April 30. But remember, if you want to let your retirement benefit grow, you can simply delay taking it, up to age 70.
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About the Author
Virginia P. Reno, Deputy Commissioner, Retirement and Disability Policy
Virginia P. Reno, Deputy Commissioner for Retirement and Disability Policy, Social Security Administration
Comments
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Chad S.
Hello. My wife and I are going through a Legal Separation – not a divorce. Currently I have to pay for my health care through SS due to my wife making too much money. Once we are legally separated, does her income still affect me? Will the state then take over and not make me pay each month?
R.F.
Thank you for contacting us Chad. Unfortunately and because of security reasons we do not have access to personal records in this blog and cannot answer your question at this time. In your situation, it is best to call our toll-free number at: 1-800-772-1213 and speak to one of our representatives. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Or contact your local Social Security office directly.
Chad S.
I thought it was a pretty general question. Will her income still affect me if we are legally separated or do we have to be divorced. I don’t need anyone to look at my information.
Tom
My spouse started collecting SS retirement benefits at age 62. Will she still be able to switch to spousal benefit when i reach full retirement age under the new rules?
R.F.
Thank you for your question Tom. When you apply for your benefits at full retirement age, we will also check to see if your wife is eligible for a higher benefit amount on your record. If the benefit on your record is higher, she will get an additional amount on your record so that the combination of benefits equals that higher amount. She will have to file a new application to receive Spouse’s Benefits. For information about the new changes in the law, please visit Recent Social Security Claiming Changes and our Retirement Planner.We hope this information helps.
Charlie C.
My spouse and I were both born in 1952. I turn 64 this month, continue to work, and intend to defer Social Security benefits until age 66. My Social Security benefits are estimated at $2612 a month at full retirement.
My wife is the lower-earning spouse, no longer working, already 64, and qualifies for Social Security based on her work record. Her Social Security benefits are estimated at $708 at age 64.
My questions are in regard to the following scenario. My wife begins drawing Social Security benefits of $708 a month on her work record now. Two years later when I reach full retirement age I begin drawing Social Security benefits of $2612 a month on my work record. Then my wife having also reached her full retirement age files an application for the spousal benefit.
In this scenario will she receive her own benefit portion of $708 plus $598 based on my earnings record — for a total spousal benefit of $1,306?
Understanding that we both miss the additional age related increases; does this scenario cause either of our benefits to be reduced in any other way?
R.F.
Thank you for your question Mr. Crawley. If your wife begins to receive benefits at age 64 or prior to her full retirement age, her benefits are reduced. Keep in mind that the reduction factors are permanently applied to all of the benefits she may qualify for. When you apply for your benefits at full retirement age, we will also check to see if your wife is eligible for a higher benefit amount on your record. If the benefit on your record is higher, she will get an additional amount on your record so that the combination of benefits equals that higher amount. She will have to file a new application to receive Spouse’s Benefits. If you have more questions, please call our toll free number at 1-800-772-1213, Monday through Friday, between 7 a.m. and 7 p.m. and speak with one of our representatives. Generally, you will have a shorter wait time if you call later during the week or later during the day. We hope this helps.
Joe J.
I’m turning 62 at the end of 2017 and am wondering if I can start collecting benefits in January of 2017. I’d also like to know how spousal benefits work. Specifically, does my wife have to also be at least 62 years of age to collect this and would my benefit be reduced since she’s collecting from my work record. She has only worked part time and only for the last few years so has very little in the way of work credits.
R.F.
Thank you for contacting us Joe. The earliest age you can apply for reduced retirement benefits is 62. You must be age 62 for the entire month to receive benefits. When you apply for your retirement benefits, your wife may be eligible for a benefit based on your earnings record. However, she must also be at least age 62 to qualify. Benefits paid to your spouse will not decrease your retirement benefit. We suggest you create a My Social Security account to review your earnings record and get an estimate of your future benefits. We hope this information helps!
hj n.
my wife applied for spousal social security benefits at age 61, as to care for our two adopted children, under the age of 16. Can she re apply for benefits under her own earning when she turns 62. All three are receiving benefits under my record earnings. her current amount is $303 per month, but can qualify for a higher amount at age 62 on her earnings.
R.F.
Yes, if your wife is eligible for a retirement benefit based on her own earnings, and if that benefit is higher than the spousal benefit she is currently receiving, then we pay the retirement benefit. She will have to contact us and file a new application. Our system is set up to take applications three months in advance, and individuals can now apply online, by phone or in person at any Social Security office. She can call our toll free number at 1-800-772-1213 for further assistance. Representatives are available Monday through Friday from 7 a.m. to 7 p.m. We hope this helps!
John R.
How do you advise someone who learns for the first time at the age of 55 that they have not accumulated enough credits to qualify for benefits at any age because they have never paid into the program and were never technically married?
The only thing I could think to do was to advise the US Citizen and taxpayer in question to go get a job for 10 years making at least $6,000 per year.
R.F.
Thank you for trying to help John. Generally, individuals need 40 credits (10 years of work) to qualify for Social Security benefits. Individuals can earn up to a maximum of four credits per year. In 2016, you receive one credit for each $1,260 of earnings. Each year the amount of earnings needed for credits goes up slightly as average earnings levels increase. In 2017, you’ll need to make $1,300 to earn one credit. Also, to get survivors or spouses benefits you generally must live in a state that recognizes common-law marriage. Social Security follows the state laws. So, individuals in these situations, should check the laws in their state of residence. We hope this information helps.
Carolyn P.
My mom is having a GOOD DEAL of difficulty sorting through the details of trying to make certain that she and my dad will have enough income once she officially retires. She has spoken to the local SS office and even set up an appt. and went in person, but received very different details each time. She cannot keep taking off from work to go to that office, especially if she is not going to get direct answers. She turned 65 last month, and wanted to start collecting SS in January and applied to do so (but was just told she can’t – the information she initially received was incorrect). My initial question on her behalf is: what is the maximum number of hours she can work and still collect SS? Also, is there a more educated expert that she can speak to during her lunch hour without giving up that entire hour waiting to speak to someone / get answers? We live in PA…
Thank you so much for any help you can provide!
R.F.
Thank you for contacting us Carolyn. Your mother could get Social Security retirement benefits and work at the same time. However, there are some restrictions as to how much she can make, depending in her age. If she is younger than full retirement age (currently 66), and makes more than the yearly earnings limit, we will reduce her benefit. For 2016 the yearly limit is $15,720. For 2017 the limit will be $16,920. See “What happens if I work and get Social Security retirement benefits” and read our publication How Work Affects Your Benefits for more information. As a reminder, your mother may need to sign up for Medicare at age 65, even if she continues to work. She can apply for Medicare-Only or for retirement benefits online.
For specific questions about her situation, your mother can call our toll free number at 1-800-772-1213. Representatives are available Monday through Friday between 7:00 a.m. and 7:00 p.m. Generally, you’ll have a shorter wait time if you call later in the day or later in the week. Thanks!
Jeri
My husband retired at age 59 with a full state pension. Prior to working for the state he paid into social security. His social security benefit was eliminated due to the new laws and the amount of his pension. Shortly after he retired he went back to work at a non-profit facility and social security taxes are still deducted from his pay even though he is not eligible to collect social security benefits. Why then does he still have to pay into social security? I am the same age as him and not yet retired. I paid into social security for many years and I was eligible for benefits but since I have now been working for the past 20 years where I will receive a teachers pension when I eventually retire, (and again due to the size of my husband’s pension,) my social security benefit will be reduced to next to nothing. I do not understand the logic in this. How can something be considered double dipping when the taxes were deducted from all our wages for all the years we have worked? People who never worked a day in their life and their kids receive benefits from social security without ever putting a dime into the system! I realize we will receive the social security benefit of medicaid when we are age 65, but again, we have always paid for our insurance benefits and still are while others pay nothing and never have so we have earned our medicaid benefit when we get to that age and that still does not justify our not receiving monetary social security benefits! So my question is-why should my husband still have to pay into social security? He would have been eligible for medicaid when he turns 65 whether he took this after retirement job or not -which he took to pay for college for our children because we feel it is our responsibility to pay for their education and since we actually work for a living no one would be giving it to them for nothing anyway! It just seems that the harder and longer you work the more the government takes advantage of you and the less you do the more that is handed out to you for doing nothing!
R.F.
Thank you for your comment Jeri. Under current law, everyone working in covered employment or self-employment regardless of age or eligibility for benefits must pay Social Security taxes.
Also, a pension based on work that is not covered by Social Security (for example, Federal civil service and some State or local government agencies) can affect your Social Security benefits. Your own Social Security benefit can be reduced based on the Windfall Elimination Provision. Your spouse’s, divorced spouse’s, surviving divorced spouse’s or widow’s benefits under Social Security may be affected by the Government Pension Offset.
Jeri M.
My husband retired at age 59 with a full state pension. Prior to working for the state he paid into social security. His social security benefit was eliminated due to the new laws and the amount of his pension. Shortly after he retired he went back to work at a non-profit facility and social security taxes are still deducted from his pay even though he is not eligible to collect social security benefits. Why then does he still have to pay into social security? I am the same age as him and not yet retired. I paid into social security for many years and I was eligible for benefits but since I have now been working for the past 20 years where I will receive a teachers pension when I eventually retire, (and again due to the size of my husband’s pension,) my social security benefit will be reduced to next to nothing. I do not understand the logic in this. How can something be considered double dipping when the taxes were deducted from all our wages for all the years we have worked? People who never worked a day in their life and their kids receive benefits from social security without ever putting a dime into the system! I realize we will receive the social security benefit of medicaid when we are age 65, but again, we have always paid for our insurance benefits and still are while others pay nothing and never have so we have earned our medicaid benefit when we get to that age and that still does not justify our not receiving monetary social security benefits! So my question is-why should my husband still have to pay into social security? He would have been eligible for medicaid when he turns 65 whether he took this after retirement job or not -which he took to pay for college for our children because we feel it is our responsibility to pay for their education and since we actually work for a living no one would be giving it to them for nothing anyway! It just seems that the harder and longer you work the more the government takes advantage of you and the less you do the more that is handed out to you for doing nothing!
Donna
My daughter will be 17 years old at the time that her father turns 62 in February of 2017. We won’t know if he has applied for retirement benefits because he ‘disappeared’ in 2006 (and hasn’t paid court-ordered child support since that time). Should I try applying for dependent benefits for our daughter after his 62nd birthday or will any potential dependent benefit be automatically denied because we lack knowledge of his whereabouts or because he quit supporting our children in 2006? (He is also the father of our sons, aged 18 and 20, who I understand are too old to be eligible for dependent benefits.)
Also, is there any possibility of getting unpaid child support garnisheed from a Social Security retirement benefit?
Debra
I am so sorry Donna, he has to look at himself everyday knowing he abandoned his family.. My heart goes out to you. I believe Social Security knows exactly where he is… He must be working so he pays into it!
Donna
Thank you for your comment. I just don’t know why some parents can walk away from their own children and never make an attempt to reestablish a relationship with them. Fortunately, most children have at least one parent who determines to stick it out and experience all the sorrows and joys of raising the children to be decent, respectable people.
R.F.
Thank you for contacting us Donna. Eligible children can receive benefits from a parent who is currently receiving Social Security benefits. You can contact us and try to apply for benefits for your daughter. We may need to see certain documents in order to pay benefits, and you will need to provide us with basic information about your daughter and her father. In some cases we may be able to help you verify information needed to establish benefits. State laws determine a valid garnishment order. See our Frequent Asked Questions web page for more information. We hope this helps.
Donna
Yes, your response was very helpful and I appreciate your timely reply. I’ll check with Social Security in February. In the meantime, I’ll contact the Florida Department of Revenue to determine how to proceed with this new possibility for collecting the unpaid child support. Thank you.