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Topic: WEP Questionnaire  (Read 1633 times)

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WEP Questionnaire
« on: October 25, 2023, 03:42:02 PM »
There's a screening tool on the US SSA site which allows you to check whether you are subject to WEP. I have paid into the US system for 22 years, already taking my US pension and will get full UK pension next year. I was always under the assumption my US pension would be subject to WEP. I did the screening tool and am confused RE the results. Can anyone see what I have entered that is incorrect:


Are you entitled to, or eligible for, a U.S. Social Security benefit on your own Social Security number? YES

Are you entitled to a U.S. Social Security benefit and a foreign pension that is based on employment, and were you eligible for both before January 1, 1986? NO

Are you entitled to a foreign pension based on employment and were you eligible before January 1, 1986? NO

Do you have 30 or more years of substantial work under the U.S. Social Security system? NO

Are you entitled to a U.S. Social Security benefit or a foreign pension based on a totalization agreement after December 1994? NO

Are you a U.S. citizen or resident who receives a foreign pension entirely based on the Social Security taxes you paid to both the U.S. and a foreign country on the same earnings? YES

The results say I am not subject to WEP,  which is the opposite of what most of us on here think.

I am confused by the last question, and I wonder if I should have said NO. While I was working in the UK I declared all UK income on my US taxes of course.

Thanks

Rick


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Re: WEP Questionnaire
« Reply #1 on: October 25, 2023, 05:19:33 PM »
Quote
Are you a U.S. citizen or resident who receives a foreign pension entirely based on the Social Security taxes you paid to both the U.S. and a foreign country on the same earnings? YES

I think this question is asking if the foreign pension(s) you are receiving is based on Social Security taxes you paid so I would expect the answer to this question to be NO.  However, if you paid voluntary NI contributions to fund your UK State Pension out of money that was earned then that answer would be still be NO but for the UK State pension the amount towards the WEP calculation would be some fraction of your UK OAP. e.g. suppose your OAP is based on 30 years of contributions of which 10 years are voluntary then 2/3rds of the OAP counts towards WEP.

For myself I receive UK private pensions based on earnings before I moved to the USA so my answer to that question will be NO.

My wife was pointed to document ssa-308 when she applied for her SS from the UK. Note that question 5 allows you to enter the years of voluntary contributions.

MODIFIED BENEFIT FORMULA QUESTIONAIRE - FOREIGN PENSION
chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.ssa.gov/forms/ssa-308.pdf
Dual USC/UKC living in the UK since May 2016


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