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Senate Bill for the Repeal of WEP is S. 2010, Social Security Fairness Act.
2 years, 9 months ago on The Social Security Administration’s Windfall Elimination Provision
@Larry Slattery Larry, I too am from the UK but left in December 1975 and returned and worked in the UK for about year in 1979/80. When did you work in the UK?
As far as I'm aware WEP is not applicable for any pension based on Voluntary Contributions or Residency. If I remember correctly, the UK pension before April 1975 was not based on work but credits you accrued from the April 5 tax year after you reached fifteen years old.
The pension analysis I received from the UK only states credits up to April 5 1975 after which they just show earnings related contributions. There was a voluntary Graduated Pension scheme that was phased out in 1978.
Also from my reading of the US Social Security instructions on anyone who has a pension based on work post-1956 from a country that does not have a Totalization Agreement with the US, and after December 1994 for a country that does have a Totalization Agreement, is subject to WEP on the earned portion of their pension.
As the UK has a Totalization Agreement with the US, if you have earned pension prior to January 1995, WEP does not apply. That's my reading of it and I could be wrong. Here's the link
There is yet another repeal process going on in Congress, House HR 1332 and Senate S.1210, so the best bet, other than a class action suit debating constitutionality, is to write to your senators and representative.
Irrespective of the opportunistic nature of WEP (how does cutting benefits help the low paid worker with 35 years continuous low wage employment?) the fact that it does not take into account the years worked in a foreign country's pension scheme - or for the Feds for that matter - as Substantial Earning years is clearly discriminative as those pension dollars were used to calculate WEP, while the associated years by their absence in the calculation were not.
Also here is the link that Marfa Levine had set up for a petition:
Every bit helps.
I would appreciate it if you could let me know the process you endured with receiving your UK Pension and the onset of WEP.