[Federal Register Volume 66, Number 151 (Monday, August 6, 2001)]
[Notices]
[Page 41080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19577]


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SOCIAL SECURITY ADMINISTRATION


Finding Regarding the Social Insurance System of the Federal 
Republic of Yugoslavia (Formerly Serbia and Montenegro)

AGENCY: Social Security Administration (SSA).

ACTION: Notice of finding regarding the Social Insurance System of the 
Federal Republic of Yugoslavia (formerly Serbia and Montenegro).

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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 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 Federal Republic 
of Yugoslavia (formerly Serbia and Montenegro), as of April 17, 1992, 
the date that the Federal Republic of Yugoslavia declared their 
independence as a joint independent state, 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 
Federal Republic of Yugoslavia (formerly Serbia and Montenegro) and who 
qualify for the relevant benefits to receive those benefits, or their 
actuarial equivalent, while outside of the Federal Republic of 
Yugoslavia, regardless of the duration of the absence of these 
individuals from the Federal Republic of Yugoslavia.
    The Federal Republic of Yugoslavia (formerly Serbia and Montenegro) 
proclaimed their status as a joint independent state on April 17, 1992. 
Before that time, it was considered to be part of the former 
Yugoslavia, which was determined to have a system that met section 
202(t)(2) of the Social Security Act as of March 25, 1959. Effective 
November 2000, following the formation of a new government, the name of 
``Serbia and Montenegro'' was officially changed to ``the Federal 
Republic of Yugoslavia.'' The Federal Republic of Yugoslavia is a new 
state, and is not a successor to the former Yugoslavia.
    After the Federal Republic of Yugoslavia adopted the constitution 
of the former Yugoslavia in 1992, the Law on Basic Pension and 
Invalidity Insurance was passed. However, it did not become effective 
until January 1, 1997. Before that time, the social insurance law of 
the former Yugoslavia was still in operation in the Federal Republic of 
Yugoslavia.

FOR FURTHER INFORMATION CONTACT: Bob Treadaway, Room 1104, West High 
Rise Building, P.O. Box 17741, 6401 Security Boulevard, Baltimore, MD 
21235, (410) 965-2764.

(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 20, 2001.
Joseph A. Gribbin,
Associate Commissioner for International Programs.
[FR Doc. 01-19577 Filed 8-3-01; 8:45 am]
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