SSR 75-17: Rescinded 1977

20 CFR 404.460 and 404.463

SSR 75-17

THIS RULING SUPERSEDES SSR 64-55, C.B. 1964, p. 76, SSR 65-52, C.B. 1965,

p. 79, SSR 66-41, C.B. 1966, p. 81, SSR 67-5, C.B. 1967, p. 94, SSR 67-37,

C.B. 1967, p. 95, SSR 69-20, C.B. 1969, p. 70, and SSR 71-31, C.B. 1971,

p. 44

Whether alien persons otherwise entitled to retirement, survivors, and

disability benefits under sections 202 and 223 of the Act may be paid such

benefits for months in which they are outside the United States, depends

upon several factors, including their citizenship status and the countries

in which they reside. This ruling summarizes the provisions of section

202(t) of the Social Security Act, as amended, concerning restrictions on

payment of benefits to alien beneficiaries outside the United States. It

also lists the countries which have been found, as of December 31, 1974,

to meet the requirements of section 202(t)(2)(A) and (B); the countries

which do not meet the requirements of section 202(t)(2)(A), and the

countries which meet the requirements of section 202(t)(2)(A) only.

Citizens or nationals of the United States otherwise entitled to

retirement, survivors, or disability insurance benefits under sections 202

and 223 of the Social Security Act may continue to receive their benefits

while outside the United States, subject generally to the same conditions

as beneficiaries who are in the United States, and subject further to the

provisions of sections 203(c) and (d) of the Social Security Act

(concerning deductions which may be required for noncovered remunerative

activity outside the United States) and to regulations of the Department

of the Treasury governing the payment of U.S. checks and warrants

abroad.

erally to the same conditions

as beneficiaries who are in the United States, and subject further to the

provisions of sections 203(c) and (d) of the Social Security Act

(concerning deductions which may be required for noncovered remunerative

activity outside the United States) and to regulations of the Department

of the Treasury governing the payment of U.S. checks and warrants

abroad.

However, whether benefits are payable to alien beneficiaries outside the

United States (including persons who have lost or given up their United

States citizenship) depends, in addition, on the applicability of the

alien nonpayment provisions contained in section 202(t) of the Act, as

amended.

ALIEN NONPAYMENT PROVISIONS

Section 202(t) of the Act provides in effect that, subject to exceptions

discussed below, monthly retirement, survivors, and disability insurance

benefits may not be paid to an alien beneficiary for any month which

occurs (1) after he has been outside the United States throughout 6

consecutive calendar months and (2) before the first calendar month

throughout which he has been in the United States. For purposes of the

preceding sentence, after an alien beneficiary is outside the United

States for any period of 30 consecutive days, he is deemed to be "outside

the United States" continuously, until he has returned to and remained in

the United States for 30 consecutive days. Thus, an alien beneficiary who

meets none of the exceptions must either return to the United States at

least every 30 days, or for 30 consecutive days during each 6-month

period, in order to continue to draw benefits.

No lump-sum death payment may be made on the earnings record of an alien

worker who dies outside the United States if that worker could not by

reason of section 202(t) be paid benefits for the month before the month

of his death.

s must either return to the United States at

least every 30 days, or for 30 consecutive days during each 6-month

period, in order to continue to draw benefits.

No lump-sum death payment may be made on the earnings record of an alien

worker who dies outside the United States if that worker could not by

reason of section 202(t) be paid benefits for the month before the month

of his death.

Section 202(t)(10) of the Act provides that, notwithstanding any other

provision of title II, benefits will not be paid to an alien for any month

beginning July 1968 in which he resides in a country to which the mailing

of U.S. Government checks has been prohibited by the Treasury Department

pursuant to the Act of October 9, 1940 (31 U.S.C. 123). Such prohibition

is currently in effect in the following areas:

The Social Security Amendments of 1967 (P.L. 90-248, sec. 162(c)(3)

provide (in the case of an alien residing in a restricted country) that

payment of any accrued benefits which are being withheld by the Treasury

Department on June 30, 1968, may not exceed an amount equivalent to the

last 12 months' benefits. Such payment may be made only to the entitled

individual, or if he is deceased, only to a person entitled to monthly

benefits on the same earnings record as the deceased for the month in

which he died. In no case can such payments be made until the payee is in

an unrestricted area.

EXCEPTIONS TO ALIEN NONPAYMENT PROVISIONS

An alien beneficiary may, however, receive his benefits no matter how long

he remains outside the United States, if section 202(t)(10) above is not

applicable, and any one of the following exceptions is met:

- The beneficiary was, or could upon filing application have become,

entitled on the same earnings record to a monthly benefit for December

1956, under section 202 of the Act; or

ONS

An alien beneficiary may, however, receive his benefits no matter how long

he remains outside the United States, if section 202(t)(10) above is not

applicable, and any one of the following exceptions is met:

- The beneficiary was, or could upon filing application have become,

entitled on the same earnings record to a monthly benefit for December

1956, under section 202 of the Act; or

- The worker on whose earnings record the benefit is based had been in

service covered by the Railroad Retirement Act which was treated as

employment covered by the Social Security Act pursuant to section 5(k)(1)

of the Railroad Retirement Act; or

- The beneficiary is outside the United States while in the active military

or naval service of the United States; or

- The beneficiary is entitled as a survivor on the earnings record of a

worker who either (1) died while in the military service of the United

States, or (2) died as the result of a disease or injury incurred or

aggravated in the military service of the United States and he was

discharged or released from such service under conditions other than

dishonorable; or

- The withholding of benefits would be contrary to an existing treaty

obligation in effect on August 1, 1956, between the United States and the

country of which the beneficiary is a citizen. The Secretary has determined that the Treaties of Friendship, Commerce,

and Navigation between the United States and the following eight countries

constitute "treaty obligations" within the meaning of exception (E)

above: Germany, Federal Republic of (West Germany) Israel Netherlands (with respect to survivors benefits only) Greece Italy Nicaragua Ireland Japan The effect of this determination is that alien beneficiaries who are

citizens of these countries will not be denied the benefits for which they

have qualified (subject to the limitations noted with respect to the

Netherlands), regardless of the duration of their absence from the United

States.

Israel Netherlands (with respect to survivors benefits only) Greece Italy Nicaragua Ireland Japan The effect of this determination is that alien beneficiaries who are

citizens of these countries will not be denied the benefits for which they

have qualified (subject to the limitations noted with respect to the

Netherlands), regardless of the duration of their absence from the United

States.

- The beneficiary is a citizen of a country which the Secretary of Health,

Education, and Welfare has found to have in effect a social insurance or

pension system of general application which pays periodic benefits (or

their actuarial equivalent) on account of old age, retirement, or death

(sec. 202(t)(2)(A)) and such benefits are payable without restriction to

otherwise eligible citizens of the United States while outside the

country, regardless of the duration of their absence (sec. 202(t)(2)(B));

or

- The worker on whose earnings record the benefit is based either resided in

the United States for a period or periods of time aggregating 10 years or

more or acquired at least 40 quarters of coverage under the Social

Security Act before the month for which the benefit is payable.

The beneficiary was, or could upon filing application have become,

entitled on the same earnings record to a monthly benefit for December

1956, under section 202 of the Act; or

The worker on whose earnings record the benefit is based had been in

service covered by the Railroad Retirement Act which was treated as

employment covered by the Social Security Act pursuant to section 5(k)(1)

of the Railroad Retirement Act; or

The beneficiary is outside the United States while in the active military

or naval service of the United States; or

r section 202 of the Act; or

The worker on whose earnings record the benefit is based had been in

service covered by the Railroad Retirement Act which was treated as

employment covered by the Social Security Act pursuant to section 5(k)(1)

of the Railroad Retirement Act; or

The beneficiary is outside the United States while in the active military

or naval service of the United States; or

The beneficiary is entitled as a survivor on the earnings record of a

worker who either (1) died while in the military service of the United

States, or (2) died as the result of a disease or injury incurred or

aggravated in the military service of the United States and he was

discharged or released from such service under conditions other than

dishonorable; or

The withholding of benefits would be contrary to an existing treaty

obligation in effect on August 1, 1956, between the United States and the

country of which the beneficiary is a citizen.

The Secretary has determined that the Treaties of Friendship, Commerce,

and Navigation between the United States and the following eight countries

constitute "treaty obligations" within the meaning of exception (E)

above:

The effect of this determination is that alien beneficiaries who are

citizens of these countries will not be denied the benefits for which they

have qualified (subject to the limitations noted with respect to the

Netherlands), regardless of the duration of their absence from the United

States.

The beneficiary is a citizen of a country which the Secretary of Health,

Education, and Welfare has found to have in effect a social insurance or

pension system of general application which pays periodic benefits (or

their actuarial equivalent) on account of old age, retirement, or death

(sec. 202(t)(2)(A)) and such benefits are payable without restriction to

otherwise eligible citizens of the United States while outside the

country, regardless of the duration of their absence (sec. 202(t)(2)(B));

or

effect a social insurance or

pension system of general application which pays periodic benefits (or

their actuarial equivalent) on account of old age, retirement, or death

(sec. 202(t)(2)(A)) and such benefits are payable without restriction to

otherwise eligible citizens of the United States while outside the

country, regardless of the duration of their absence (sec. 202(t)(2)(B));

or

The worker on whose earnings record the benefit is based either resided in

the United States for a period or periods of time aggregating 10 years or

more or acquired at least 40 quarters of coverage under the Social

Security Act before the month for which the benefit is payable.

Under section 20(t)(4) of the Act, however, exception (G) above is not

available for any month after June 30, 1968, to an alien outside the

United States who is a citizen of a country which (1) had in effect a

social insurance or pension system of general application which pay

periodic old-age, retirement, or death benefits, but does not pay such

benefits to otherwise qualified U.S. citizens while outside the country;

or (2) has no social insurance or pension system of general application,

if at any time within 5 years prior to January 1968 (or the first month

thereafter for which his benefits are subject to suspension because of

absence from the United States), payments to individuals residing in that

country were withheld by the Treasury Department under the Act of October

9, 1940 (31 U.S.C. 123) referred to supra .

LIST OF COUNTRIES ON WHICH DETERMINATIONS HAVE BEEN

MADE

To date, the Secretary has made the following determinations under

exception (F) above, notices of which have been published in the Federal

Register. As additional determinations are made, they will also be

published in the Federal Register:

Treasury Department under the Act of October

9, 1940 (31 U.S.C. 123) referred to supra .

LIST OF COUNTRIES ON WHICH DETERMINATIONS HAVE BEEN

MADE

To date, the Secretary has made the following determinations under

exception (F) above, notices of which have been published in the Federal

Register. As additional determinations are made, they will also be

published in the Federal Register:

The effect of inclusion under List 1 is that, beginning January 1957,

unless otherwise specified, beneficiaries who are citizens of such

countries may be paid regardless of the duration of their absence from the

United States.

The effect of inclusion under List 2 is that citizens of such countries

may not receive benefits while outside the United States (under the

conditions set out in the third paragraph of this ruling), unless they can

qualify under one of the following exceptions: (A), (B), (C), (D), or (G)

above.

The effect of inclusion under List 3 is that citizens of such countries

may not receive benefits while outside the United States (under the

conditions set out in the third paragraph of this ruling) unless they can

qualify under one of the following exceptions, (A), (B), (C), (D), above,

or with respect to benefits for months before July 1968, under exception

(G) above.

Whether or not the result is to increase or decrease the amount of program

reimbursement due to the provider.

In this case it is clear the Plan had misapplied the law in settling the

provider's 1969 cost report and that the reopening occurred within three

years of the notice of determination of the amount of program

reimbursement. Accordingly, the Hearing Officer affirms the reopening and

the adjustments made pursuant to such reopening.

[*] Prior to this date, alien

beneficiaries who were citizens of the Netherlands could, under the

"treaty obligation exception" in section 202(t)(3) of the Act, receive

only survivor benefits while outside the United States.