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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Steve M.
at what age do you not pay tax on your SS or income you make?
R.F.
Hello Steve, your question is an income tax question, please contact the Internal Revenue Service (IRS). Their toll-free number is 1-800-829-1040. Thanks!
joe a.
I am currently receiving my deceased husbands benefits but I would also like to now begin taking the ones I’ve earned. Can I receive both? I am 72 years of age and still working.
Beverly C.
My husband has just applied for Social Security before he turns 70.
I understand that my monthly SS which I applied for at age 62 can be adjusted now that he is filing.
I have called the OKC office and waited and then was bumped off the line!!
I do not know where to go online as there is so much .
Please give me the steps to follow this adjustment process. Than you
Debora C.
I am 61 yrs old & my husband is 71 yrs old. He is collecting full social security now. Am I eligible to collect spousal benefits at age 62 under his social security. Then when I am 66 yrs. 4 mos. start collecting under my social security?
A.C.
Thank you for your question, Debora. If you qualify for your own retirement benefits and for benefits as a spouse, we always pay your own benefits first. If your benefits as a spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher spouse benefit. Visit our Retirement Planner: Benefits For You As A Spouse for more information. We hope this helps.
Beverly M.
My husband and I both collect social security. If he passes, what are my benefits?
K.O.
Hello Beverly, your question is a bit more involved than we can handle in this forum. Additionally, for your security, we do not have access to information about your account over this venue. For your situation, we recommend that you speak to a Social Security representative.
If you’re unable to visit your local office, you can call our toll free number at 1-800-772-1213. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Generally, you will have a shorter wait time if you call later during the day or later during the week. Thanks!
Olive P.
As a Canadian citizen (over the age of 65) and residing in Canada with my American citizen husband. Am I eligible for spousal social security retirement benefits?
R.F.
If your husband is receiving or is eligible for retirement or disability benefits you may be may be able to get benefits on his record, if you are at least 62 years of age.
Generally, individuals must be married for one year before they can get spouse’s benefits.
Please visit our “Frequently Asked Questions” web page for “Noncitizens” for more important information.
We recommend that individuals living outside the United Sates contact their local U.S. embassy or consulate for any assistance related to Social Security benefits. You can also use the Canadian Service Area Directory to determine which Resident Office is near you. We hope this information helps!
Joyce c.
I would like to cancel receiving my social security. I have went back to work.
R.F.
Hi Joyce, 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.
When you receive Social security benefits and work at the same time, we usually ask that you give us an estimate of your earnings for the year. If later you realize your earnings will be higher or lower than you estimated, we ask that you notify us as soon as possible so that we adjust your benefits, if necessary.
Since we do not have access to personal records in this blog, we suggest that you call our toll-free number at 1-800-772-1213. Representatives are available between 7 a.m. and 7 p.m., Monday through Friday but you will generally have a shorter wait time if you call later during the day or later in the week. Or contact your local office directly. Thanks!
Theresa s.
in August. I will be 62
I will be ready to draw my social security
Will I , at that time, be able to draw 1/2 of my husbands social security?
R.F.
Hello Theresa. You may be able to get spouse’s retirement benefits if you are at least 62 years of age and your spouse is receiving retirement or disability benefits.
Your benefit as a spouse could be equal to one-half of your spouse’s full retirement amount –ONLY– if you start receiving those benefits at your full retirement age.
If a person begins to receive benefits at age 62 or prior to their full retirement age, their benefits are reduced. The reduction factors are permanently applied to all of the benefits the person may qualify for. Also, if you qualify and apply for your own retirement benefits and for benefits as a spouse, we always pay your own benefits first. If your benefits as a spouse are higher than your own retirement benefits, you will get a combination of benefits equaling the higher spouse benefit.
Our system is set up to take applications three months in advance, and you can apply for your benefits online. We hope this information helps!
Donna M.
I receive SS benefits already and work part time. I make $10-12/ year. If I were not to work, would my benefits increase?
Mary H.
Question:
Exactly what forms / data does social security department needs for a Spousal Social security application.