[Federal Register Volume 69, Number 131 (Friday, July 9, 2004)]
[Notices]
[Pages 41563-41564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15611]


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SOCIAL SECURITY ADMINISTRATION


Finding Regarding Foreign Social Insurance or Pension System of 
the Republic of Lithuania

AGENCY: Social Security Administration.

ACTION: Notice of finding regarding foreign social insurance or pension 
system of the Republic of Lithuania.

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    Finding: Section 202(t)(1) of the Social Security Act (42 U.S.C. 
402(t)(1))

[[Page 41564]]

generally prohibits payment of monthly benefits to any individual who 
is not a United States (U.S.) citizen or national for any month after 
he or she has been outside the United States for more than six 
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 Commissioner of Social Security 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 U.S. citizens, but not citizens of 
such 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 approved a finding that 
Lithuania, beginning January 17, 2003, 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 U.S. citizens who are not citizens of Lithuania, and 
who qualify for the relevant benefits, to receive such benefits, or 
their actuarial equivalent, without qualification or restriction, while 
outside of Lithuania, regardless of the duration of the absence of 
these individuals from Lithuania.
    Accordingly, it is hereby determined and found that Lithuania has 
in effect, beginning, January 17, 2003, 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)).
    Although the United States did not recognize the forced 
incorporation of Lithuania and the other Baltic countries into the 
Union of Soviet Socialist Republics (U.S.S.R.), the Soviet Union 
occupied these territories and enforced its laws there. Thus, prior to 
formal recognition of its independence by the United States in 
September 1991, Lithuania was considered part of the U.S.S.R. for U.S. 
Social Security purposes. It was found on August 21, 1970, that the 
social insurance system of the U.S.S.R., (including Estonia, Latvia and 
Lithuania), met the requirements of section 202(t)(2)(a), but not (b) 
of the Act, and this finding was published in the Federal Register on 
September 3, 1970 (35 FR 14021). Thus, U.S. Social Security benefits 
were not paid based on citizenship in Lithuania (nor were they paid 
based on citizenship in the U.S.S.R.).
    For the period September 1991 through December 1994, the law 
governing old-age and survivors pensions in Lithuania remained the same 
as the former Soviet system, except for administrative changes 
involving funding/management of the budget and employer/employee 
contributions. On January 1, 1995, the Lithuanian Law on State Social 
Insurance Pensions of July 18, 1994, took effect.
    On December 11, 1996, SSA made a determination that Lithuania's 
social insurance system met part (a) but not part (b) of section 
202(t)(2) of the Act. This determination was effective September 1, 
1991, the month the United States publicly recognized Lithuania as an 
independent nation.
    However, effective January 17, 2003, the Republic of Lithuania has 
committed to provide for the payment of benefits, without restriction, 
to citizens of the United States who are otherwise qualified, but who 
are outside the paying country, without regard to the length of 
absence. The Republic of Lithuania also assures that claims for 
benefits may be filed from outside the paying country, that payment 
will be made for retirement or old age benefits, as well as for 
survivors' benefits, and that the benefits will be calculated using the 
same formula used for citizens of the paying country. Lithuania further 
assures that, if benefits are paid in Lithuanian currency, that 
currency is fully convertible into U.S. dollars.

FOR FURTHER INFORMATION CONTACT: Jerry Hibbitts, Room 1104, West High 
Rise Building, P.O. Box 17741, 6401 Security Boulevard, Baltimore, MD 
21235, (410) 965-3451.

(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 1, 2004.
Jo Anne B. Barnhart,
Commissioner, Social Security Administration.
[FR Doc. 04-15611 Filed 7-8-04; 8:45 am]
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