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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Phyllis A.
I do not like this site–it is confusing to me.
Phyllis A.
I am having a difficult time with this site–I would like to know what MY benefit would be now if I decide to take it or should I wait until I retire to take My benefit. I am presently receiving my deceased husband’s payment and want to know which of the two is higher–also, because I am working and paying into ss, is my benefit still growing?
laila h.
I’m 72 years old working. My employer deduct disability from my check in social security not allowed to have disability wen I’m in social.security way they deduct money from my check and were its go
William W.
can not get help on under standing what incremental
income may affect my social security benefits!!!!!!
Valerie M.
if you receive Social Security Retirement benefits and are no longer working, can you also received Disability if you become disabled?
William W.
no I am disabled.
But I had a significant reduction in my
monthly benefit this year. My gross
income was high because of a house
sale. My question what is the ongoing
scale for that
William W.
I am not disabled
melinda m.
If i will file retirement on May 2018, because i will be 66 on September can I still work part time on this company that i am working now? Please need your respionse. Thanks
Melinda
R.F.
Hello Melinda, you can still work and receive your Social Security retirement benefits at the same time. However, if you are younger than full retirement age and make more than the yearly earnings limit, this can reduce the number of payments you receive through the year. For 2018 that limit is $17,040. If you work part-time you will be considered “retired” only if your monthly earnings are $1,420 or less.
If your earnings will be over the limit for the year but you will be retired for part of the year, we have a special rule that applies to earnings for one year.
You can use our earnings test calculator to see how your earnings could affect your benefit payments. To learn more, please read our publication: “How Work Affects Your Benefits”. Thanks!
melinda m.
If i will file retirement on May 2018, because i will be 66 on September can I still work part time on this company that i am working now?
Susan K.
I am a 62 year old female that is possibly considering to apply for widows benefits through my husbands benefits. I’ve been not able to find my answer to this question: If I would collect my husbands benefits how would this effect my Roth retirement and/or other dividends and capital gains? Any additional information would be helpful. Thank you, Susan
Karen S.
How can I change the number of deductions on the monthly checks I receive?
Danielle R.
I have earned enough credits to qualify for SS benefits. At age (66 yrs 2 mo), can I apply for the spousal benefit and delay receiving benefits based on my earnings until age 70?
R.F.
The Bipartisan Budget Act of 2015, made some changes to Social Security’s laws about claiming retirement and spousal benefits. Please read “What do the Recent Claiming Changes Mean for Me?“.For further assistance or to make an appointment, call our toll free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks!