# SSR 83-8: SSR 83-8: TITLE II: ALIEN NONPAYMENT PROVISIONS -- EXCEPTION BASED ON CITIZENSHIP IN FOREIGN COUNTRY WITH A SOCIAL INSURANCE SYSTEM

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_83_8

## Section

- **Citation:** SSR 83-8
- **Heading:** SSR 83-8: TITLE II: ALIEN NONPAYMENT PROVISIONS -- EXCEPTION BASED ON CITIZENSHIP IN FOREIGN COUNTRY WITH A SOCIAL INSURANCE SYSTEM
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Suspension of Benefits of Aliens Who Are Outside the United States › Residency Requirements for Dependents and Survivors / SSR 83-8

## Text

(PPS-91)

SSR 83-8

PURPOSE: To state the Social Security Administration's position
that, in order to qualify under section 202(t)(2) of the Social Security
Act for an exception to the alien nonpayment provision of section
202(t)(1), a person must be a citizen of a foreign country which has a
social insurance or pension system which pays benefits to any qualified
U.S. citizen who is outside of that country, regardless of when U.S.
citizenship was attained.

CITATIONS (AUTHORITY): Section 202(t)(2)(B) of the Social Security
Act; Regulations No. 4, section 404.463(a)(6).

PERTINENT HISTORY: With certain exceptions, section 202(t)
prohibits the payment of social Security benefits to alien beneficiaries
while they remain outside the U.S. if they have been outside the U.S. for
more than six months. Section 202(t)(2) provides for payment to an alien
outside the U.S. if the individual is a citizen of a country which has a
social insurance or pension system of general application which may pay
periodic benefits or their actuarial equivalent on account of old-age,
retirement or death to qualified U.S. citizens who are outside of that
country. Implementing regulations require that the foreign country's
system must pay these benefits to such U.S. citizens without restriction.
See Regulations No. 4, section 404.463(a)(6),m 20 C.F.R. 404.463(a)(6).

The Social Security Administration (SSA) has consistently interpreted
section 202(t)(2)(B) to require that the foreign country's social
insurance system must pay benefits to any qualified U.S. citizen, even if
he or she was not a U.S. citizen when working under that country's
system.
S. citizens without restriction.
See Regulations No. 4, section 404.463(a)(6),m 20 C.F.R. 404.463(a)(6).

The Social Security Administration (SSA) has consistently interpreted
section 202(t)(2)(B) to require that the foreign country's social
insurance system must pay benefits to any qualified U.S. citizen, even if
he or she was not a U.S. citizen when working under that country's
system.

The statute does not specifically state that the foreign country's system
must pay persons who became U.S. citizens after they ceased working under
that country's system, but the statutory language is broad enough to allow
this interpretation. Nothing in the relevant legislative history
specifically addresses this issue. However, the Conference Report on the
bill which enacted section 202(t)(2) indicates that the foreign country's
system would not satisfy that provision if it conditions payment of
benefits to U.S. citizens on presence in that foreign country, or if it
conditions benefits in terms which have the same effect as if it required
such presence. The interpretation of section 202(t)(2)(B) contained herein
follows this expression of congressional intent.

If a foreign country's social insurance or pension system will not pay
U.S. citizens outside that country's borders unless they were U.S.
citizens when they worked under that system, the foreign system would
exclude from payment all naturalized U.S. citizens who are otherwise
eligible for payment and who were citizens of that country but emigrated
and remain outside of its borders. This group would include the vast
majority of naturalized U.S. citizens from the country. None of those
people would ever receive payments from that country's system, unless they
return to reside there. Payment of title II benefits outside the U.S. to a
citizen of a foreign country is not conditioned on the wage earner's being
a citizen of that country while engaged in work covered by the U.S. Social
Security system.
t
majority of naturalized U.S. citizens from the country. None of those
people would ever receive payments from that country's system, unless they
return to reside there. Payment of title II benefits outside the U.S. to a
citizen of a foreign country is not conditioned on the wage earner's being
a citizen of that country while engaged in work covered by the U.S. Social
Security system.

Bulgaria's refusal to pay Bulganian social insurance benefits to U.S.
citizens, who were not U.S. citizens while working under that system and
reside outside Bulgaria, focussed attention on the need for a clear public
statement of SSA's interpretation of section 202(t)(2)(B) of the Social
Security Act. A determination, effective in 1971, found that Bulgaria's
system fulfilled the requirements set forth in section 202(t)(2)(B); i.e.,
SSA thought that benefits were payable under that system to U.S. citizens
who live outside Bulgaria. As a result, U.S. Social Security benefits were
paid to Bulgarian citizens outside the U.S.

However, the Government of Bulgaria recently indicated that only those
persons who were U.S. citizens at the time of their employment under the
Bulgarian system may receive Bulgarian social insurance benefits while
outside that country. This interpretation of Bulgarian law, coupled with
restrictions placed on the employment of U.S., citizens in Bulgaria, led
SSA to conclude that it is improbable that the Bulgarian system would ever
pay pensions to U.S. citizens outside Bulgaria. In April 1982, benefit
payments to Bulganian citizens living outside the U.S. were suspended due
to a revised finding that the Bulgarian system was not in compliance with
the provisions of section 202(t)(2)(B).

POLICY STATEMENT: In order for the social insurance system of a
foreign country to meet the provisions of section 202(t)(2)(B), that
system must pay benefits to any qualified U.S. citizen who is outside of
that country, regardless of when U.S. citizenship was attained.
d due
to a revised finding that the Bulgarian system was not in compliance with
the provisions of section 202(t)(2)(B).

POLICY STATEMENT: In order for the social insurance system of a
foreign country to meet the provisions of section 202(t)(2)(B), that
system must pay benefits to any qualified U.S. citizen who is outside of
that country, regardless of when U.S. citizenship was attained.

EFFECTIVE DATE: January 1, 1957, the effective date of section
202(t)(2) of the Social Security Act.

CROSS-REFERENCES: Program Operations Manual System section RS
02610.010G.

## Nearby sections

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- [SSR 74-19 SSR 74-19: SECTIONS 202(t)(1), 202(t)(2), and 202(t)(3) (42 U.S.C. 402(t)(1)(3)). -- NONPAYMENT OF BENEFITS -- ALIEN BENEFICIARIES OUTSIDE THE UNITED STATES -- TRUST TERRITORY OF THE PACIFIC ISLANDS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_74_19.md)
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- [SSR 78-12 SSR 78-12: Rescinded 1981](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_78_12.md)
- [SSR 83-8 SSR 83-8: TITLE II: ALIEN NONPAYMENT PROVISIONS -- EXCEPTION BASED ON CITIZENSHIP IN FOREIGN COUNTRY WITH A SOCIAL INSURANCE SYSTEM](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_83_8.md)
- [SSR 88-4 SSR 88-4: POLICY INTERPRETATION RULING Title II: Administrative Actions that are not Initial Determinations](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_88_4.md)
- [SSR 89-12 SSR 89-12: SECTION 202(t) NONPAYMENT OF BENEFITS -- ALIEN BENEFICIARIES OUTSIDE THE UNITED STATES; RESIDENCY REQUIREMENTS FOR DEPENDENTS AND SURVIVORS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_89_12.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_83_8. Check the current official text before relying on it. Not legal advice.
