42 U.S.C. § 433 | International agreements

(a)

Purpose of agreement

The President is authorized (subject to the succeeding provisions of this section) to enter into agreements establishing totalization arrangements between the social security system established by this subchapter and the social security system of any foreign country, for the purposes of establishing entitlement to and the amount of old-age, survivors, disability, or derivative benefits based on a combination of an individual’s periods of coverage under the social security system established by this subchapter and the social security system of such foreign country.

(b)

Definitions

For the purposes of this section—

(1)

the term “social security system” means, with respect to a foreign country, a social insurance or pension system which is of general application in the country and under which periodic benefits, or the actuarial equivalent thereof, are paid on account of old age, death, or disability; and

(2)

the term “period of coverage” means a period of payment of contributions or a period of earnings based on wages for employment or on self-employment income, or any similar period recognized as equivalent thereto under this subchapter or under the social security system of a country which is a party to an agreement entered into under this section.

(c)

Crediting periods of coverage; conditions of payment of benefits

(1)

Any agreement establishing a totalization arrangement pursuant to this section shall provide—

(A)

section 413 of this title that in the case of an individual who has at least 6 quarters of coverage as defined in and periods of coverage under the social security system of a foreign country which is a party to such agreement, periods of coverage of such individual under such social security system of such foreign country may be combined with periods of coverage under this subchapter and otherwise considered for the purposes of establishing entitlement to and the amount of old-age, survivors, and disability insurance benefits under this subchapter;

(B)

(i)

that employment or self-employment, or any service which is recognized as equivalent to employment or self-employment under this subchapter or the social security system of a foreign country which is a party to such agreement, shall, on or after the effective date of such agreement, result in a period of coverage under the system established under this subchapter or under the system established under the laws of such foreign country, but not under both, and (ii) the methods and conditions for determining under which system employment, self-employment, or other service shall result in a period of coverage; and

(C)

that where an individual’s periods of coverage are combined, the benefit amount payable under this subchapter shall be based on the proportion of such individual’s periods of coverage which was completed under this subchapter.

(2)

section 402(t) of this title Any such agreement may provide that an individual who is entitled to cash benefits under this subchapter shall, notwithstanding the provisions of , receive such benefits while he resides in a foreign country which is a party to such agreement.

(3)

Section 426 of this title shall not apply in the case of any individual to whom it would not be applicable but for this section or any agreement or regulation under this section.

(4)

Any such agreement may contain other provisions which are not inconsistent with the other provisions of this subchapter and which the President deems appropriate to carry out the purposes of this section.

(d)

Regulations

The Commissioner of Social Security shall make rules and regulations and establish procedures which are reasonable and necessary to implement and administer any agreement which has been entered into in accordance with this section.

(e)

Reports to Congress; effective date of agreements

(1)

Any agreement to establish a totalization arrangement entered into pursuant to this section shall be transmitted by the President to the Congress together with a report on the estimated number of individuals who will be affected by the agreement and the effect of the agreement on the estimated income and expenditures of the programs established by this chapter.

(2)

Such an agreement shall become effective on any date, provided in the agreement, which occurs after the expiration of the period (following the date on which the agreement is transmitted in accordance with paragraph (1)) during which at least one House of the Congress has been in session on each of 60 days; except that such agreement shall not become effective if, during such period, either House of the Congress adopts a resolution of disapproval of the agreement.

Aug. 14, 1935, ch. 531 Pub. L. 95–216, title III, § 317(a)Dec. 20, 197791 Stat. 1538 Pub. L. 97–35, title XXII, § 2201(b)(12)Aug. 13, 198195 Stat. 831 Pub. L. 98–21, title III, § 326(a)Apr. 20, 198397 Stat. 126 Pub. L. 98–369, div. B, title VI, § 2663(j)(3)(A)(v)July 18, 198498 Stat. 1170 Pub. L. 103–296, title I, § 107(a)(4)Aug. 15, 1994108 Stat. 1478 (, title II, § 233, as added , , ; amended , , ; , , ; , , ; , , .)

Editorial Notes

Amendments

Pub. L. 103–2961994—Subsec. (d). substituted “Commissioner of Social Security” for “Secretary”.

Pub. L. 98–3691984—Subsec. (d). struck out “of Health, Education, and Welfare” after “Secretary”.

Pub. L. 98–211983—Subsec. (e)(2). substituted “during which at least one House of the Congress has been in session on each of 60 days” for “during which each House of the Congress has been in session on each of 90 days”.

Pub. L. 97–35 section 415(a) of this titleJan. 1, 1979section 415(a)(1)(C)(i)(I) of this title1981—Subsec. (c)(2). struck out provision permitting the agreement to provide that if the benefit paid by the United States to an individual who legally resides in the United States when added to the benefit paid by the foreign country is less than the benefit amount payable to such individual based on the first figure in, or deemed to be in, column IV of the table in in the case of an individual becoming eligible before , or based on a primary insurance amount determined under in the case of an individual becoming eligible for such benefit on or after such date, the benefit paid by the United States be increased so that the two benefits equal the benefit amount that would be payable.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–296Mar. 31, 1995section 110(a) of Pub. L. 103–296 section 401 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–369July 18, 1984section 2664(b) of Pub. L. 98–369 section 401 of this titleAmendment by effective , but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see , set out as a note under .

Effective Date of 1983 Amendment

Pub. L. 98–21, title III, § 326(b)Apr. 20, 198397 Stat. 126

Apr. 20, 1983“The amendment made by subsection (a) [amending this section] shall be effective on the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 1981 Amendment

Pub. L. 97–35 Pub. L. 97–123 section 415 of this titleAmendment by applicable with respect to benefits for months after December 1981, with certain exceptions, see section 2(j)(2)–(4) of , set out as a note under .