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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Barbara C.
I was married to my first husband for more than 10 years. I never remarried and I am 72. Can I apply for his benefits and how do I do that?
V.V.
Hi Barbara, thank you for reading our blog post. We will always pay a person’s own retirement benefit first. If their benefits as a divorced spouse are higher than their own retirement benefits, they will get a combination of benefits equaling the higher divorced spouse benefit. However, keep in mind that a divorced spouse’s benefit cannot exceed one-half of the worker’s full retirement amount (not their reduced benefit amount). So, a person is only going to receive additional divorced spouse’s benefits if their own full retirement benefit (not their reduced benefit) is less than half of their spouse’s full retirement benefit.
To inquire about potential benefits on your ex-spouse’s record, you will need to contact your local Social Security office or call our toll free number at 1-800-772-1213. Representatives are available to help you Monday through Friday between 7 a.m. and 7 p.m.
WILLIAM B.
i started working in 1955 under ss i left ss in 1976 i went to work for dept of defense till 1990 my ss is reduced by 1986 changes in the law because i get retirement from OPM BUT I LOOSE 60% of my ss benefits how can i be effected by changes in the law when i was not covered buy it? the deal was made in 1955 i left in 1976 . it seems like A BREACH OF CONTRACT i made in 1955 how do i get a copy of the law changes made in 1986 a deal is a deal IT JUST DONT SEEM FAIR THANK YOU FOR ANY INFO
Kathy C.
I am a dual U.S./Canadian Citizen and I have lived in Canada for the past 48 yrs. I have no U.S. residence. Am I eligible to collect social security benefits having an employment history in the U.S?
A.C.
Thanks for your question, Kathy. If you live and work outside the United States, different rules may apply in determining if you can get your benefit checks. The United States has bilateral Social Security agreements with 24 countries. The agreements improve benefit protection for workers who have divided their careers between the United States and another country. For your security we do not have access to your personal information in this venue. If you have specific questions about your information, please contact your local Federal Benefits Unit to discuss your options. We hope this helps!
Ken B.
If I start my social security on February this year and i am 66 if this year is one of my top 35 years does it increase
Thanks
Diane C.
Can I apply to receive spouse’s benefit’s (married 4-14-2015) if I retire now. I’m 66 yrs old
Greg G.
Me and my wife collect 3100 before taxes on our social security. We have 2 part time jobs and we both owned our own businesses so we paid double fica our net income 2018 was 46000. The USA charged our social security a 65 percent tax. Tell me why? I am 70 and my wife is going to be 68 2019. I am a veteran too. U the USA wins i do not care what it does or what happens to it. File bankruptcy and go on welfare is the best plan for me. Or get out of this country.
Victor R.
Is there a law regarding an individual (age 56)on Social Security Disability being permitted to receive an employer
based full pension ?
Narvett W.
Can I claim my fathers benefits since he passed away February 11,2019
Michelle D.
What is the SSA form used for a Restricted Filing for Spousal Benefits? I am within the cutoff date specified by the 2105 Act and my FRA is 6/2019. Secondly, when do I file? FRA or 3 months early?
eugenia b.
If I only worked for 5 years in the US, can I claim my retirement money? I am not an UScitizen or resident. My taxed Social Security Earnings were .
1995 – 36,969
1996 – 62,700
1997 – 65,400
1998 – 68,400
1999 – 72,600
Please let me know. I do not live in the US, since 1995.
Thanks in advance
Eugenia Briseno
A.C.
Hi, Eugenia. Thanks for your question. Generally, benefits are payable to U.S. Citizens and Permanent Residents. However, there are many factors that could determine your eligibility. Also, typically, you will need to have 40 credits, or 10 years of work paying Social Security taxes, to qualify for any type of Social Security benefit. In addition, to qualify for disability benefits, you generally need to have worked for five out of the last 10 years before you became disabled. For a complete explanation of credits needed for the different types of benefits, visit our Benefits Planner: Social Security Credits web page. Since you are outside of the U.S., you can also contact your local Federal Benefits Unit for assistance. We hope this helps.