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
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Edward A.
How much money can I make a year before it starts interfering with my SS retirement
V.V.
Hi Edward. Thank you for your question. The amount you’re allowed to earn depends on your age. If you attain full retirement age (66) in 2018, the earnings limit is $45,360 but we only count earnings before the month you reach full retirement age. Beginning with the month you reach full retirement age, earnings no longer reduce your benefits, no matter how much you earn. If you’re under full retirement age for the entire year, then we deduct $1 from benefit payments for every $2 earned above the annual limit. For 2018, that limit is $17,040.
Visit our Retirement Planner: Getting Benefits While Working and our Retirement Earnings Test Calculator. Hope this helps!
Mary
Retiring end of December 2018. Will be receiving a check in 2019 for my vacation time not taken in 2018.
Will that count as earnings in 2019?
V.V.
Hi Mary, congratulations on your retirement! After you retire, you may receive payments for work you did before you started getting Social Security benefits. Usually, those payments will not affect your Social Security benefit if they are for work done before you retired. Our publication, Special Payments After Retirement, describes some of the more common types of special payments.
Please call our toll free number at 1-800-772-1213 for further guidance about this issue. Representatives are available Monday through Friday, between 7 a.m. and 7 p.m. Thanks!
Vivian L.
Good day…I am from the Philippines, 54 years old and planning to marry my US citizen fiance through the K1 visa.
We want to know if I am eligible for his TRS benefit if he dies before me, even while waiting for my green card. Thank you.
R.F.
Hello Vivian, you may find our Survivors Planner of interest. Also, our Frequently Asked Questions web page on “Noncitizens”, provides information on this topic. We hope this helps!
Tia R.
Currently I am 58 years old and don’t plan to retire until 70. My husband passed away in 1999 at the age of 49 before he ever received any SS benefits. I have worked since I was 15 but continuously for the last 35 years. Are benefits going to be determined on my earnings alone or will my husband’s earnings be considered?
R.F.
Hello Tia. Under current law, if you are the widow of a person who worked long enough under Social Security, you can start receiving (reduced) survivors benefits as early as age 60.
If you are also eligible for retirement benefits you may have additional options. You can apply for retirement or survivors benefits first and switch to the other (higher) benefit at a later date. Please see our Benefits Planner: Survivors for more information. Thanks!
William B.
My wife turns 66 in Dec. and will begin drawing. I am 68 and will wait until 70. Can I draw on hers until I am 70?
V.V.
Hi William, thank you for using our blog to ask your question. You may be able to get spouse’s benefits but, under existing law, if you are eligible for benefits both as a retired worker and as a spouse, you must apply for both benefits and you’ll receive the higher of the two benefits. This requirement is called “deemed filing” because when you apply for one benefit you are “deemed” to have also applied for the other.
However, if you turn 62 before January 2, 2016, deemed filing rules will not apply if you wait to file at your full retirement age or later. This means that you may file for either your spouse’s benefit or your retirement benefit without being required or “deemed” to file for the other. See our Deemed Filing For Retirement And Spouse’s Benefits FAQs web page for details.
Kenneth J.
My wife will be 60 on Nov 1st, 2018. When can she start collecting my SSA benefits?
V.V.
Hi Kenneth. For your wife to qualify for spouse’s benefits on your record, she must be 62 years old. Once she is 62 or older and is ready to receive benefits, she will file for her own retirement benefits first. If benefits as a spouse are higher than her own retirement benefits, she will get a combination of benefits equaling the higher spouse benefit. Visit our Retirement Planner: Benefits For Your Spouse for more information.
brenda k.
I turn 66 on September 14 when due I qualify for full benefits as of September 1st or my birthday September 14
V.V.
Hi Brenda. If you wait until your full retirement age, you will get your full benefit. If your full retirement age is 66 and you turn 66 on September 14, you will attain your full retirement age in September. One exception to that is for individuals that are born on the 1st of the month. We figure their benefit (and their full retirement age) as if their birthday was in the previous month.
Your full retirement age is determined by your year of birth. You can check out our Retirement Planner: Benefits By Year Of Birth to understand why some people have different full retirement ages and what those ages are.
john a.
How long do you have to be married for to collect your spouce’s social security?
V.V.
Hi John, thank you for the question. According to current policy, a spouse must meet a 1 year duration-of-marriage requirement just before filing for the spousal benefit. Check out our Benefits For Your Spouse web page for more details.
Generally, a surviving spouse or widow meets this requirement, if the marriage took place no later than 9 months immediately preceding the day on which the worker died. To learn more , visit our Survivors Planner: Survivors Benefits For Your Widow Or Widower.
Margaret D.
I plan to collect ss when I turn 70.- October 2020. When should I apply? My husband started collecting at age 62. Will his ss be reduced when I start to collect?
V.V.
Thank you for using our blog, Margaret. You can apply for retirement benefits four months before you want your payments to start. The easiest and most convenient way to apply is by using our online retirement application. You can also call 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday from 7 a.m. and 7 p.m. to make an appointment with your local office.
There is no marriage penalty or limit to benefits paid a married couple. If you are married and you and your spouse have worked and earned enough credits individually, you will each get your own Social Security benefit. So, for example, if you are due a Social Security benefit of $1,200 per month and your spouse is due a Social Security benefit of $1,400 per month, the two of you will get $2,600 per month in retirement benefits. See our factsheet: 5 Things Every Woman Should Know About Social Security.
Sandy S.
If both husband and wife have earned comparable salaries, is there a maximum amount they can jointly earn?
V.V.
Hi Sandy, thank you for your question. There is no marriage penalty or limit to benefits paid a married couple. If you are married and you and your spouse have worked and earned enough credits individually, you will each get your own Social Security benefit. So, for example, if you are due a Social Security benefit of $1,200 per month and your spouse is due a Social Security benefit of $1,400 per month, the two of you will get $2,600 per month in retirement benefits. See our factsheet: 5 Things Every Woman Should Know About Social Security.