Foreign insurance or pension systems: Slovak Republic,

[Federal Register: August 3, 1998 (Volume 63, Number 148)]

[Notices]

[Page 41314-41315]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr03au98-122]

SOCIAL SECURITY ADMINISTRATION

Finding Regarding the Social Insurance System of the Slovak Republic

AGENCY: Social Security Administration.

ACTION: Notice of Finding Regarding the Social Insurance System of the Slovak Republic.

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, and prior to the first month thereafter for all of which the individual has been in the United States. This prohibition does not apply to such an individual where one of the exceptions described in sections 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 Commissioner of Social Security finds has in effect a social insurance 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 Commissioner of Social Security has delegated the authority to make such a finding to the Associate Commissioner for International Programs. Under that authority, the Associate Commissioner for International Programs has approved a finding that the Slovak Republic, as of January 1, 1993, has a social insurance system of general application which:

(a) pays periodic benefits, or the actuarial equivalent thereof, on account of old age, retirement, or death; and

(b) permits United States citizens who are not citizens of the Slovak Republic and who qualify for the relevant benefits to receive those benefits, or their actuarial equivalent, while outside of the Slovak Republic regardless of the duration of the absence of these individuals from the Slovak Republic.

Accordingly, it is hereby determined and found that the Slovak Republic has in effect, as of January 1, 1993, a social insurance system which meets the requirements of section 202(t)(2) of the Social Security Act (42 U.S.C. 402(t)(2)).

This is our first finding under section 202(t) of the Social Security Act for the Slovak Republic. Before January 1993, the United States did not recognize the Slovak Republic as an independent nation. Czechoslovakia divided into two separate states, the Czech Republic and the Slovak Republic, on January 1, 1993. At that time, the Slovak Republic adopted the Czechoslovak basic law on social insurance which continues to govern the country's social insurance system.

Although the Slovak Republic added several amendments to the old law, these provisions did not affect the determination under section 202(t)(2) of the Social Security Act. In addition, the Slovak Republic considers itself bound by the Diplomatic Notes on reciprocity of payments which were exchanged between the United States and Czechoslovakia in 1968. Since all such agreements are binding on the Slovak Republic by right of succession, the

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1969 addendum to the 1968 Diplomatic Notes is also being honored.

FOR FURTHER INFORMATION CONTACT: Donna Powers, Room 1104, West High Rise Building, P.O. Box 17741, 6401 Security Boulevard, Baltimore, MD 21235, (410) 965-3568.

(Catalog of Federal Domestic Assistance: Program Nos. 96.001 Social Security--Disability Insurance; 96.002 Social Security--Retirement Insurance; 96.004 Social Security--Survivors Insurance)

Dated: July 24, 1998. James A. Kissko, Associate Commissioner for International Programs.

[FR Doc. 98-20554Filed7-31-98; 8:45 am]

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