International Programs - U.S.-German Social Security Agreement - Article 6.2

Article 6.2 of the original U.S.-German Agreement, in conjunction with Article 4.3 of the Administrative Agreement, provides that a worker who enters into a contract of employment in one country and later is transferred to work in the other country for the same employer continues to be covered in the country where the employer and employee entered into the contract of employment.  The place of business of the employer (including foreign subsidiaries) and the nationality of the worker are immaterial.  The exact duration of the transfer (under the original U.S.-German Agreement) did not have to be specified, but under Article 4.3 of the Administrative Agreement, in order for Article 6.2 to apply the transfer had to be of a temporary nature, as evidenced by a contract or a written notice from the employer.  Article 4.3 of the Administrative Arrangement also made clear that Article 6.2 was only intended to apply in cases where dual coverage and dual liability for contributions otherwise applied.  The Second Supplementary Agreement amended this provision to specify that, in order for the rule to apply, the transfer to the other country must not be expected to exceed 5 years.  This change brought the U.S.-German Agreement into conformity with nearly all other U.S. social security agreements.

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