Can a member of Congress who serves 5 years collect Social Security in addition to the congressional pension?
Executive summary
A member of Congress who serves five years can qualify for a FERS congressional pension and also remains eligible for Social Security; under current law FERS members pay into Social Security and will receive Social Security benefits, while their small FERS pension (for five years of service about $8,700/year in one recent estimate) is paid in addition to Social Security [1] [2]. Changes enacted in 2025—the Social Security Fairness Act—repealed the Government Pension Offset and Windfall Elimination Provision, removing prior reductions that could have cut Social Security benefits for some public-pension recipients [3] [4].
1. How five years of service earns a congressional pension — and why that matters
Federal law makes members of Congress “vested” in the Federal Employees Retirement System after five years of service, which triggers eligibility for a FERS pension at the applicable retirement age; news reporting applying that rule estimates someone with five years (resigning before age thresholds) would receive a modest annual FERS pension—about $8,700 a year for Rep. Marjorie Taylor Greene based on five years of service and FERS rules [2] [1]. The Congressional Research Service explains the mechanics of FERS accrual and how pension amounts are calculated by high‑3 salary, years of service and age at retirement [5].
2. Social Security contributions and entitlement for members of Congress
Members of Congress were required to pay into Social Security after the 1983 reforms; most current lawmakers therefore have Social Security coverage like other workers and will be entitled to Social Security retirement benefits based on their covered earnings when they reach eligibility ages [5] [2]. Investopedia and CRS material cited in reporting note that congressional service after 1984 generally accrues under FERS and members pay Social Security payroll taxes as other employees do [6] [5].
3. The old offsets that could cut Social Security — and the 2025 repeal
Historically, two Social Security provisions could reduce Social Security benefits for those with certain public pensions: the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO). Those rules applied to scenarios where pension income came from work not covered by Social Security and could reduce or offset Social Security retirement, spousal or survivor benefits [4]. The Social Security Fairness Act, signed into law January 5, 2025, repealed the GPO and WEP for monthly benefits payable after December 2023, which means affected beneficiaries should see their Social Security payments without those reductions and, according to CBO estimates, substantial average increases for beneficiaries previously affected [3] [4].
4. Practical outcome today: can a five‑year member collect both?
Yes: a five‑year member who is vested in FERS can collect a FERS pension (at the applicable retirement age and subject to the FERS calculation) and also collect Social Security benefits for which they are otherwise entitled. Recent reporting illustrates that a five‑year member’s FERS pension is small (the Greene example: roughly $8,700/year when she turns 62) while Social Security eligibility remains based on covered earnings and the Social Security program’s rules [1] [2]. The 2025 repeal of GPO/WEP removes a prior legal obstacle that could have reduced Social Security spousal or worker benefits for some public‑pension recipients [3] [4].
5. Uncertainties, caveats and what the sources don’t say
Sources make clear the legal framework but individual benefit amounts depend on specific factors—age at retirement, high‑3 salary, total years of covered FERS service, and full Social Security earnings histories—which the cited reporting does not calculate in general for every case [5] [1]. Available sources do not mention exact Social Security benefit amounts for any specific five‑year member other than illustrative figures, nor do they provide a complete step‑by‑step payout example combining a five‑year FERS pension and a particular Social Security benefit for a named member beyond the Greene estimate [1] [2].
6. Competing perspectives and political context
Advocates for the 2025 repeal (as summarized by CRS/CBO reporting and congressional press materials) present the change as restoring fairness for public‑sector retirees who also paid into Social Security, estimating large average benefit increases for affected beneficiaries [3]. Opponents historically argued the GPO/WEP addressed perceived inequities between low‑covered earners and other beneficiaries; reporting and explainer material trace that history but the new law supersedes those adjustments [4] [3].
Bottom line: under current law and recent reforms, a member of Congress with five years’ service qualifies for a FERS pension and remains entitled to collect Social Security benefits; the 2025 repeal of GPO/WEP means those Social Security payments will no longer be reduced by those specific offset rules [1] [3] [4].