42 U.S.C. § 433 : US Code - Section 433: International agreements

Search 42 U.S.C. § 433 : US Code - Section 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) that in the case of an individual who has at least 6
      quarters of coverage as defined in section 413 of this title 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) Any such agreement may provide that an individual who is
    entitled to cash benefits under this subchapter shall,
    notwithstanding the provisions of section 402(t) of this title,
    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.