Teacher Retirement System (TRS) & Social Security at a Glance
TRS: Texas' defined-benefit retirement system for eligible public education employees.
WEP: Repealed in 2025. Previously reduced Social Security retirement or disability benefits for some public employees receiving non-covered pensions.
GPO: Repealed in 2025. Previously reduced or eliminate certain Social Security spousal or survivor benefits for people receiving non-covered government pensions.
Social Security Fairness Act: Signed into law Jan. 5, 2025. Repealed WEP and GPO effective for benefits payable January 2024 and later.
ATPE's role: More than 40 years of advocacy, including federal lobbying and grassroots member advocacy, helped make repeal a reality.
The Teacher Retirement System of Texas (TRS) provides lifetime retirement benefits to eligible Texas public school employees through a defined-benefit pension plan. TRS also administers health insurance programs for Texas public education employees and retirees.
Texas educators' retirement security is also affected by federal Social Security law. Historically, two federal provisions—the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO)—reduced Social Security benefits for some educators and other public employees who received pensions from work that was not covered by Social Security. Many Texas educators saw a reduction in their federal benefits because of the WEP or GPO until the law was changed in 2025.
In 2025, Congress repealed both WEP and GPO through the Social Security Fairness Act. ATPE played a leading role in the decades-long advocacy effort that helped secure this landmark victory for educators and other public servants.
What is the Teacher Retirement System of Texas?
The Teacher Retirement System of Texas (TRS) is the state agency responsible for administering retirement and related benefits for eligible Texas public education employees.
TRS provides a defined-benefit pension plan, which provides eligible members with a lifetime retirement benefit based on factors established by state law and the TRS plan.
TRS also administers:
- TRS-Care, health insurance coverage for eligible retirees.
- TRS-ActiveCare, health insurance coverage for eligible active employees of participating public education entities.
TRS is subject to the authority of the Texas Legislature. The TRS Board of Trustees oversees the agency and implements legislative directives.
ATPE monitors TRS throughout the year and works with the TRS board, staff, and policymakers on issues affecting Texas educators' retirement and health benefits. ATPE is also a major stakeholder in legislative discussions concerning TRS.
How does TRS affect Social Security benefits?
Texas has a state retirement system for public education employees, and many Texas school districts do not participate in Social Security. As a result, some educators can receive a TRS pension while also qualifying for Social Security benefits based on other employment in which they paid Social Security taxes.
Before 2025, federal law included two provisions that could reduce Social Security benefits for people receiving pensions from employment that was not covered by Social Security:
- Windfall Elimination Provision (WEP)
- Government Pension Offset (GPO)
These provisions were repealed by Congress in 2025.
What were the WEP and GPO?
What was the Windfall Elimination Provision?
The Windfall Elimination Provision (WEP) was a federal Social Security rule that could reduce someone’s own Social Security retirement or disability benefit if they also received a government pension based on work for an employer who did not remit Social Security taxes for the employment.
What was the Government Pension Offset?
The Government Pension Offset (GPO) was a federal rule that could reduce or eliminate someone’s spousal or survivor Social Security benefits if they also received a government pension based on work for an employer who did not remit Social Security taxes for the employment. For affected Texas educators, the GPO reduced or eliminated Social Security benefits they otherwise could have received based on a spouse's work record.
How did ATPE help repeal WEP and GPO?
ATPE advocated for repeal of harmful Social Security provisions for more than 40 years.
ATPE's advocacy included federal lobbying, coalition work, and grassroots advocacy by ATPE members. The association consistently urged Congress to eliminate the provisions that reduced Social Security benefits for public employees who had earned government pensions.
In the final months of 2024, ATPE intensified its advocacy as bipartisan legislation moved through Congress. ATPE members contacted U.S. senators and representatives, urging them to support repeal.
ATPE's federal advocacy team also worked directly with policymakers and congressional offices to advance the legislation.
This grassroots and federal advocacy helped build momentum for passage of the Social Security Fairness Act.
ATPE considers the repeal of WEP and GPO a major advocacy victory for Texas educators.
What is the Social Security Fairness Act?
The Social Security Fairness Act of 2023 (H.R. 82) repealed both the Windfall Elimination Provision and Government Pension Offset.
President Joe Biden signed the legislation into law on Jan. 5, 2025. The law applies to Social Security benefits payable for January 2024 and later, making December 2023 the final month to which WEP and GPO applied.
The repeal increased Social Security benefits for eligible people who previously had their benefits reduced or eliminated by WEP or GPO.
The Social Security Administration began issuing retroactive payments in 2025 to eligible beneficiaries and began increasing monthly payments after implementing the law.
What does the repeal mean for Texas educators?
The repeal of WEP and GPO means that eligible Texas educators and other public employees who receive pensions from employment not covered by Social Security are no longer subject to those reductions for benefits payable beginning January 2024.
The repeal may affect:
- Educators receiving a TRS pension who also earned Social Security benefits through covered employment
- Educators whose Social Security retirement or disability benefits were previously reduced by WEP
- Educators whose Social Security spousal benefits were reduced or eliminated by GPO
- Surviving spouses who were affected by GPO
Not every Texas educator will receive an increased Social Security benefit because of the repeal. The law primarily affects people who receive a pension based on work that was not covered by Social Security and whose benefits were previously subject to WEP or GPO.
What Is ATPE's position on TRS and retirement security?
ATPE believes Texas public school employees deserve a secure, sustainable retirement and high-quality health insurance benefits.
ATPE advocates for:
- A financially sound and sustainable TRS defined-benefit pension system
- Adequate state funding to sustain TRS
- High-quality health insurance benefits for public education employees and retirees
- Retirement policies that fairly recognize educators' years of public service
- Federal policies that protect the retirement benefits educators earn
ATPE will continue monitoring TRS and federal retirement policy and advocating for Texas educators.
Frequently Asked Questions About TRS and Social Security
Do Texas teachers get Social Security?
It depends. Many Texas school districts do not participate in Social Security because their employees participate in the Teacher Retirement System of Texas. However, some Texas educators may have Social Security-covered employment through another job or employer and may qualify for Social Security benefits based on that work, and many Texas Educators who do not qualify for their own benefits still qualify for spousal benefits.
Do Texas teachers get both TRS and Social Security?
Some Texas educators may qualify for both a TRS pension and Social Security benefits. Eligibility depends whether they earned Social Security benefits through their own or a spouses covered employment.
Are WEP and GPO still in effect?
No. Congress repealed both the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) when it passed the Social Security Fairness Act. President Biden signed the law on Jan. 5, 2025. The repeal applies to benefits payable beginning January 2024.
What happened to WEP?
The Windfall Elimination Provision was repealed by the Social Security Fairness Act of 2023. It no longer reduces Social Security benefits payable for January 2024 and later.
What happened to GPO?
The Government Pension Offset was repealed by the Social Security Fairness Act. It no longer reduces or eliminates Social Security spousal or survivor benefits payable for January 2024 and later.
Who benefits from the repeal of WEP and GPO?
Eligible people who receive pensions from employment that was not covered by Social Security and whose Social Security benefits were affected by WEP or GPO may receive higher benefits. This includes some teachers, firefighters, police officers, and other public employees.
Did ATPE support repeal of WEP and GPO?
Yes. ATPE advocated for repeal for more than 40 years. ATPE's federal advocacy and grassroots efforts by members were part of the campaign that culminated in passage of the Social Security Fairness Act in 2024 and its signing into law in January 2025.
What is the Social Security Fairness Act?
The Social Security Fairness Act is the federal law that repealed the Windfall Elimination Provision and Government Pension Offset. It was signed into law Jan. 5, 2025, and applies to benefits payable beginning January 2024.
What should educators do if they were affected by WEP or GPO?
Educators who believe their Social Security benefits were affected by WEP or GPO should review their Social Security information and follow guidance from the Social Security Administration regarding retroactive payments and benefit adjustments.
For the most current information about eligibility, payments and implementation, educators should consult the Social Security Administration.
ATPE's advocacy legacy
The repeal of WEP and GPO demonstrates the impact educators can have when they participate in the legislative process.
For decades, ATPE and its members advocated for fair treatment of public educators under Social Security law. The 2025 repeal of WEP and GPO was a landmark victory for those efforts.
ATPE will continue advocating at the state and federal levels for policies that protect educators' retirement security and strengthen the Teacher Retirement System of Texas.
Read the member-adopted ATPE Legislative Program to learn more about ATPE's positions on TRS and Social Security. Follow the Teach the Vote blog for additional information about ATPE's advocacy efforts.