1845.Exceptions to Alien Nonpayment Provision

1845.1What are the exceptions to the alien nonpayment provision?

There are exceptions to the alien nonpayment provision that permit the payment of benefits, even if you are absent from the U.S. The alien nonpayment provision does not apply if:

  1. The worker on whose earnings record benefits are being paid:

    1. Had at least 40 quarters of coverage (see 1846 for limitations);

    2. Resided in the U.S. for a period or periods totaling 10 years or more (see 1846 for limitations);

    3. Had earnings from railroad employment that were counted for Social Security because no railroad benefits were payable on the basis of these earnings (see 1846 for limitations);

    4. Died while in military service of the U.S.; or

    5. Died as the result of a disease or injury certified by the Department of Veterans Affairs to have been incurred or aggravated in line of duty during a period of military service, and the service member was discharged or released under conditions other than dishonorable; or

  2. The alien beneficiary (whether the insured worker or a person entitled to benefits on the worker's record):

    1. Was entitled (or upon filing an application would have been entitled) to a monthly benefit of any kind on the same Social Security earnings record for December 1956;

    2. Is outside the U.S. because he or she is in the active military or naval service of the U.S. (see 1846 for limitations);

    3. Resides in a country with which the U.S. has an international social security agreement and the withholding of benefits would be against the terms of that agreement (see 107);

    4. Is a citizen of a country that has a treaty with the U.S. requiring payment[s] of U.S. Social Security benefits to citizens of the other country (i.e. Germany, Greece, Ireland, Israel, Italy, Japan, and the Netherlands (survivor benefits only)); or

    5. Is a citizen of a foreign country that has a social insurance system that is of general application in that country and under which (see 1846 for limitations):

      1. Periodic benefits are payable because of old age, retirement, or death; and

      2. Benefits are payable at the full rate to eligible citizens of the U.S. who are not citizens of that foreign country, even while outside the foreign country, and these benefits are payable regardless of how long they remain outside that country.

1845.2What countries have social insurance or pension systems of general application?

The following countries, not already listed in 1845.1.B.4., currently have social insurance or pension systems that meet the conditions described in 1845.1.B.5.:

Albania

Latvia

Antigua and Barbuda

Liechtenstein

Argentina

Lithuania

Austria

Luxembourg

Australia

Macedonia

Bahamas

Malta

Barbados

Marshall Islands

Belgium

Mexico

Belize

Micronesia, Fed. States of

Bolivia

Monaco

Bosnia-Herzegovina

Montenegro

Brazil

Nicaragua

Bulgaria

Norway

Burkina Faso

Palau

Canada

Panama

Chile

Peru

Colombia

Philippines

Costa Rica

Poland

Cote D'Ivoire

Portugal

Croatia

Romania

Cyprus

St. Kitts and Nevis

Czech Republic

St. Lucia

Denmark

St. Vincent and the Grenadines

Dominica

Samoa

Dominican Republic

San Marino

Ecuador

Serbia

El Salvador

Slovakia

Finland

Slovenia

France

South Korea

Gabon

Spain

Grenada

Sweden

Guatemala

Switzerland

Guyana

Trinidad - Tobago

Hungary

Turkey

Iceland

United Kingdom

Jamaica

Uruguay

Jordan

Venezuela

Last Revised: Oct. 21, 2015