[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