[Federal Register Volume 59, Number 102 (Friday, May 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13045]
[[Page Unknown]]
[Federal Register: May 27, 1994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Finding Regarding Foreign Social Insurance or Pension System;
Republic of Yemen
AGENCY: Social Security Administration, HHS.
ACTION: Notice of finding regarding foreign social insurance or pension
system--republic of Yemen.
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FINDING: Section 202(t)(1) of the Social Security Act (42 U.S.C.
402(t)(1)) prohibits payment of monthly benefits to any individual who
is not a United States citizen or national for any month after he or
she has been outside the United States for 6 consecutive months. This
prohibition does not apply to such an individual where one of the
exceptions described in section 202(t)(2) through 202(t)(5) of the
Social Security Act (42 U.S.C. 402(t)(2) through 402(t)(5)) affects his
or her case.
Section 202(t)(2) of the Social Security Act provides that, subject
to certain residency requirements of section 202(t)(11), the
prohibition against payment shall not apply to any individual who is a
citizen of a country which the Secretary of Health and Human Services
finds has in effect a social insurance or pension system which is of
general application in such country and which:
(a) Pays periodic benefits, or the actuarial equivalent thereof, on
account of old age, retirement, or death; and
(b) Permits individuals who are United States citizens but not
citizens of that country and who qualify for such benefits to receive
those benefits, or the actuarial equivalent thereof, while outside the
foreign country regardless of the duration of the absence.
The Secretary of Health and Human Services has delegated the
authority to make such a finding to the Commissioner of Social
Security. The Commissioner has redelegated that authority to the
Director of the Office of International Policy. Under that authority
the Director of the Office of International Policy has approved a
finding that the Republic of Yemen, beginning June 9, 1992, does not
have a social insurance or pension system of general application in
effect which pays periodic benefits, or the actuarial equivalent
thereof, on account of old age, retirement, or death.
Accordingly, it is hereby determined and found that the Republic of
Yemen does not have in effect, beginning June 9, 1992, a social
insurance or pension system which meets the requirements of section
202(t)(2)(A) of the Social Security Act (42 U.S.C. 402(t)(2)(A)).
This finding is also relevant regarding the application of
subparagraph (A) and (B) of section 202(t)(4) of the Social Security
Act (42 U.S.C. 402(t)(4) (A) and (B)). That section provides that,
subject to certain residency requirements of section 202(t)(11),
section 202(t)(1) shall not be applicable to benefits payable on the
earnings record of an individual who has not less than 40 quarters of
coverage under Social Security or who has resided in the United States
for a period or periods aggregating 10 years or more. However, the
provisions of subparagraphs (A) and (B) of section 202(t)(4) shall not
apply to an individual who is a citizen of a foreign country that has
in effect a social insurance or pension system which is of general
application in such country and which satisfies the provisions of
subparagraph (A) of section 202(t)(2) but not the provisions of
subparagraph (B) of section 202(t)(2).
In accordance with the finding herein, the limitation on payment of
monthly benefits to aliens included in section 202(t)(1) does not apply
to citizens of the Republic of Yemen receiving benefits on the earnings
records of individuals who have not less than 40 quarters of coverage
under Social Security or who have resided in the United States for a
period or periods aggregating 10 years or more.
FOR FURTHER INFORMATION CONTACT: Terry Fahey, room 1104, West High Rise
Building, 6401 Security Boulevard, Baltimore, MD 21235, (410) 965-3566.
(Catalog of Federal Domestic Assistance: Program Nos. 93.802 Social
Security--Disability Insurance; 93.803 Social Security--Retirement
Insurance; 93.805 Social Security--Survivors Insurance)
James A. Kissko,
Director, Office of International Policy.
[FR Doc. 94-13045 Filed 5-26-94; 8:45 am]
BILLING CODE 4190-29-P
