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.