Notice2022-10440
Finding Regarding Foreign Social Insurance or Pension System of Estonia
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 16, 2022
Issuing agencies
Social Security Administration
Abstract
We find that, under the Alien Nonpayment Provision of the Social Security Act (Act), citizens of Estonia may continue to receive Social Security benefits under title II, after 6 consecutive calendar months of absence from the United States. This finding is based on information and data we received about the social insurance system of Estonia and its laws. The Commissioner of Social Security delegated the authority to make this finding to the Deputy Commissioner for Retirement and Disability Policy.
Full Text
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<title>Federal Register, Volume 87 Issue 94 (Monday, May 16, 2022)</title>
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[Federal Register Volume 87, Number 94 (Monday, May 16, 2022)]
[Notices]
[Pages 29778-29779]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10440]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2020-0042]
Finding Regarding Foreign Social Insurance or Pension System of
Estonia
AGENCY: Social Security Administration.
ACTION: Notice of finding regarding foreign social insurance or pension
system of Estonia.
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[[Page 29779]]
SUMMARY: We find that, under the Alien Nonpayment Provision of the
Social Security Act (Act), citizens of Estonia may continue to receive
Social Security benefits under title II, after 6 consecutive calendar
months of absence from the United States. This finding is based on
information and data we received about the social insurance system of
Estonia and its laws. The Commissioner of Social Security delegated the
authority to make this finding to the Deputy Commissioner for
Retirement and Disability Policy.
DATES: We will implement this finding on May 16, 2022.
FOR FURTHER INFORMATION CONTACT: Icie K. Allen, Office of Income
Security Programs, 2500 Robert Ball Building, 6401 Security Boulevard,
Baltimore, MD 21235-6401, (410) 965-8945.
SUPPLEMENTARY INFORMATION: We are prohibited by law from paying
benefits under title II of the Act to non-U.S. citizens who remain
outside the United States for more than 6 consecutive calendar months,
unless they meet an exception provided in the law. We refer to this
portion of the law as the Alien Nonpayment Provision (ANP).\1\
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\1\ Section 202(t) of the Act, 42 U.S.C. 402(t).
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We recently reviewed the Estonian social insurance system to
determine if it meets the criteria for an ANP exception. This is a new
finding about the social insurance system of Estonia under the ANP. As
a result of this finding, citizens of Estonia may continue receiving
benefits under title II of the Act after 6 consecutive calendar months
outside the United States.
Background
The ANP, section 202(t) of the Act, prohibits payment of title II
benefits to individuals who are not U.S. citizens or nationals for any
month after they have been outside the United States for more than 6
consecutive calendar months. Beneficiaries who meet one of the
exceptions in the ANP may continue to receive benefits under title II
without regard to absence from the United States. Some of these
exceptions require that dependents and survivors meet a 5-year U.S.
residency requirement for benefits to continue after 6 consecutive
calendar months of absence from the United States.\2\
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\2\ Section 202(t)(2), (4), (11) of the Act, 42 U.S.C.
402(t)(2), (4), (11).
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To determine whether the social insurance or pension system meets
the criteria for an exception under section 202(t) of the Act, we
review the foreign country's laws. In addition, we review information
and data that we receive from the administrators of the social
insurance or pension system of that country. The Commissioner of the
Social Security Administration publishes these findings in the Federal
Register.
Previously, we determined that the social insurance system of
Estonia did not meet the exception under section 202(t)(2) of the Act
because, although the social insurance system satisfied the
requirements of section 202(t)(2)(A), it did not satisfy the
requirements of section 202(t)(2)(B). The system did not meet
subparagraph (B) because Estonia restricted the payment of its pension
abroad. We published this determination in the Federal Register on
February 26, 1993.\3\
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\3\ 58 FR 11612 (Feb. 26, 1993).
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The Estonian government informed us that they passed an amendment,
effective January 1, 2018, which allowed payment of all benefits
outside of Estonia. In April 2018, we received a completed SSA-142
Report of Social Insurance or Pension System, submitted by the Ministry
of Social Affairs of Estonia. We initiated an analysis to reach the
finding we describe here.
Finding
Section 202(t)(2) of the Act provides that the prohibition against
payment shall not apply to individuals who are citizens of a foreign
country that the Commissioner of Social Security finds has a social
insurance or pension system that is in effect and of general
application in such country, and that:
(A) Pays periodic benefits, or the actuarial equivalent thereof, on
account of old age, retirement, or death; and
(B) permits individuals who are U.S. citizens but not citizens of
that country and who qualify for benefits to receive those benefits, or
the actuarial equivalent thereof, while outside the foreign country
regardless of the duration of the absence.
We find that, beginning January 1, 2018, Estonia met all of the
required criteria of section 202(t)(2) of the Act because it had a
social insurance system that was in effect, was of general application,
and met the conditions in subparagraphs (A) and (B).
Our finding that the exception under section 202(t)(2) applies to
citizens of Estonia is subject to section 202(t)(11) of the Act.
Section 202(t)(11) requires that dependent and survivor title II
beneficiaries must also have resided in the United States for a total
period of 5 years or more while in a qualifying relationship with the
individual on whose earnings the benefits are based.
(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social
Security--Disability Insurance; 96.002, Social Security--Retirement
Insurance; and 96.004, Social Security--Survivors Insurance)
The Acting Commissioner of Social Security, Kilolo Kijakazi, having
reviewed and approved this document, is delegating the authority to
electronically sign this document to Faye I. Lipsky, who is the primary
Federal Register Liaison for SSA, for purposes of publication in the
Federal Register.
Faye I. Lipsky,
Federal Register Liaison, Office of Legislation and Congressional
Affairs, Social Security Administration.
[FR Doc. 2022-10440 Filed 5-13-22; 8:45 am]
BILLING CODE 4191-02-P
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</html>Indexed from Federal Register on May 16, 2022.
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