Q. I will receive an apportionment from my ex-husband’s U.S. Postal Service CSRS pension in the amount of 50 percent. Since this is his pension, but I will be receiving the apportionment, will Social Security consider my share “pension” for me and subject me to the windfall elimination provision even though the pension was not from my employment but from my husband’s employment/pension?
A. Like many matters of law and regulation, the best you can get without going to court, will be an opinion. My opinion is that the WEP should not be applied in this case since the CSRS annuity income is not based on your own employment record. A spouse’s benefit is not generally subject to the WEP. See the first two paragraphs of the notice at https://www.ssa.gov/pubs/EN-05-10045.pdf.