Article 8 will improve the rights of U.S. citizens under provisions of Portuguese social security law that allow persons who are not covered compulsorily to pay contributions on a voluntary basis and thereby acquire social security credit. Since U.S. law does not have such provisions, Article 8 will have no direct effect on the U.S. social security program.
Portuguese law provides for two types of voluntary coverage. Under the first type, which is dealt with in Article 8.1, a person who is a Portuguese national and resident and who is 18 years of age or older may enroll voluntarily for social security coverage if the person is not compulsorily covered under any other social security program based on employment or self-employment and is not eligible for the "optional continued Insurance" described in connection with Article 8.2. This program pays old-age and disability pensions and a death grant. Under Article 8.1, a U.S. national who resides in Portugal will have the same rights to voluntary coverage and will have to meet the same eligibility requirements as a Portuguese national.