Ask Rusty - Confused about survivor benefits
Dear Rusty: My husband passed away in 2013 just a few days short of his 63rd birthday. I was 56 at the time and when I went into the Social Security office to notify them of his death I was told I would be able to get a partial draw when I turned 60. Two years after that I was told that I would never draw anything from his account as the rules had been changed, and since he had never drawn Social Security that his benefits were eliminated. I am 62 and intend to keep working but any information you have might be helpful. Signed: Confused Survivor
Dear Confused Survivor: You’ve certainly been given some conflicting information, so I’ll try to clarify. If your husband had accumulated enough quarter credits to be eligible for Social Security, you are eligible for a survivor benefit even if your husband was not yet collecting Social Security (SS) benefits when he passed. To be eligible for SS, your husband would have needed to work for about 10 years for an employer which participated in Social Security program (meaning, both your husband and his employer paid
SS FICA payroll taxes on his earnings). Most U.S. employers participate in the Social Security program. However, if your husband worked his entire career as an employee of a state or local government which does not participate in SS, or if he worked for the Federal government under their “CSRS” program, or if he worked for any other entity which didn’t participate in Social Security, he may not have had enough SS credits to be eligible. But if he contributed to Social Security for at least 10 years and had at least 40 credits
(can earn 4 per year) then he would have been eligible for SS, and you would be eligible for a survivor benefit from his record.
The rules haven’t changed for any of this. If your husband was at least eligible for SS (not necessarily collecting), you became eligible for a survivor benefit at age 60 although it would have been reduced by about 28.5% from what you would get at your full retirement age (FRA). You are still eligible for the survivor benefit but, if you take it now at age 62, it will still be reduced for claiming before your FRA, and since you are still working you’ll also be ...
