Notice2022-14098
Finding Regarding Foreign Social Insurance or Pension System of Mongolia
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
July 1, 2022
Issuing agencies
Social Security Administration
Abstract
We find that, under the Alien Nonpayment Provision of the Social Security Act (Act), as amended, citizens of Mongolia may not continue to receive Social Security benefits under title II after 6 consecutive calendar months of absence from the United States, unless they meet an exception not related to citizenship of Mongolia. This finding is based on law, information, and data we received about the social insurance system of Mongolia. 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 126 (Friday, July 1, 2022)</title>
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[Federal Register Volume 87, Number 126 (Friday, July 1, 2022)]
[Notices]
[Pages 39577-39578]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14098]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2020-0054]
Finding Regarding Foreign Social Insurance or Pension System of
Mongolia
AGENCY: Social Security Administration.
ACTION: Notice of finding regarding foreign social insurance or pension
system of Mongolia.
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SUMMARY: We find that, under the Alien Nonpayment Provision of the
Social Security Act (Act), as amended, citizens of Mongolia may not
continue to receive Social Security benefits under title II after 6
consecutive calendar months of absence from the United States, unless
they meet an exception not related to citizenship of Mongolia. This
finding is based on law, information, and data we received about the
social insurance system of Mongolia. 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 July 1, 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 six 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 Mongolian social insurance system to
determine if it meets the criteria for an ANP exception. This is our
first finding about the social insurance system of Mongolia under the
ANP. As a result of this finding, citizens of Mongolia will still be
required to meet an exception unrelated to citizenship in order to
continue receiving benefits under title II of the Act after six
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 six consecutive calendar months. Beneficiaries who meet
one of the exceptions described 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
six 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.
[[Page 39578]]
In September 2018, we received a completed SSA-142 Report of Social
Insurance or Pension System, submitted by the Ministry of Labour and
Social Protection of Mongolia.
We conducted a thorough review to reach the finding we describe
here.
Section 202(t)(2) Exception
Section 202(t)(2) of the Act provides that the prohibition of
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 Mongolia does not meet all of the required criteria of
section 202(t)(2) of the Act because, although it has a social
insurance system that is in effect, is of general application, and
meets the conditions in subparagraph (A), the social insurance system
does not meet the conditions in subparagraph (B).
Section 202(t)(4) Exception
The ANP exceptions provided in section 202(t)(4) subparagraphs (A)
and (B) shall not apply to a citizen of a foreign country that has a
social insurance or pension system in effect and of general
application, which satisfies section 202(t)(2)(A), but not section
202(t)(2)(B).
Therefore, the ANP exceptions in section 202(t)(4)(A) and (B) do
not apply to citizens of Mongolia due to the above finding under
section 202(t)(2).
(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 the Social Security Administration,
Kilolo Kijakazi, Ph.D., M.S.W., 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. 2022-14098 Filed 6-30-22; 8:45 am]
BILLING CODE 4191-02-P
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