[Federal Register Volume 65, Number 99 (Monday, May 22, 2000)]
[Notices]
[Pages 32141-32142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12684]


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SOCIAL SECURITY ADMINISTRATION


Finding Regarding the Social Insurance System of Bosnia and 
Herzegovina

AGENCY: Social Security Administration.

ACTION: Notice of finding regarding the Social Insurance System of 
Bosnia and Herzegovina.

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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, 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

[[Page 32142]]

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 Bosnia and 
Herzegovina, as of April 7, 1992, has social insurance systems of 
general application which:
    (a) Pay periodic benefits, or the actuarial equivalent thereof, on 
account of old age, retirement, or death; and
    (b) Permit United States citizens who are not citizens of Bosnia 
and Herzegovina and who qualify for the relevant benefits to receive 
those benefits, or their actuarial equivalent, while outside of Bosnia 
or Herzegovina, regardless of the duration of the absence of these 
individuals from Bosnia and Herzegovina.
    On April 7, 1992, the United States recognized the independence of 
Bosnia and Herzegovina. Before that time, it was considered to be part 
of the former Socialist Federal Yugoslav Republic which had a system 
that was determined to meet section 202(t)(2) of the Social Security 
Act as of March 25, 1959.
    Although it was ascertained at the time of independence that the 
old Yugoslav law was still in effect in Bosnia and Herzegovina, it 
could not be determined to what extent the war had affected the actual 
operation of the social insurance system (as contact with appropriate 
foreign officials was not possible at that time). Thus, citizens of 
Bosnia and Herzegovina receiving U.S. Social Security benefits under 
the social insurance exception had their payments suspended in 1995 
pending a decision as to whether the system continued to meet the 
provisions of section 202(t)(2) as of April 7, 1992.
    Since March 1994, the country of Bosnia and Herzegovina has been 
comprised of two territories, the Federation of Bosnia and Herzegovina 
and the Republic of Srpska. The country of Bosnia and Herzegovina had 
in effect as of April 7, 1992, a social insurance system which met the 
requirements of section 202(t)(2) of the Social Security Act (42 U.S.C. 
402(t)(2)). The Federation of Bosnia and Herzegovina had in effect as 
of August 1, 1998, a social insurance system which met the requirements 
of section 202(t)(2) of the Social Security Act and the Republic of 
Srpska had in effect, as of January 1, 1994, a social insurance system 
which met the requirements of section 202(t)(2) of the Social Security 
Act. The Federation and the Republic are part of the country of Bosnia 
and Herzegovina and their social insurance systems are derived from, 
and replaced, the national social insurance system.

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: May 05, 2000.
Joseph A. Gribbin,
Associate Commissioner for International Programs.
[FR Doc. 00-12684 Filed 5-19-00; 8:45 am]
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