[Federal Register Volume 78, Number 9 (Monday, January 14, 2013)]
[Notices]
[Page 2709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00493]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2012-0072]


Finding Regarding Foreign Social Insurance or Pension System--
Romania

AGENCY: Social Security Administration (SSA)

ACTION: Notice of Finding Regarding Foreign Social Insurance or Pension 
System--Romania.

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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 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 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 of the Office of 
International Programs. Under that authority, the Associate 
Commissioner of the Office of International Programs has approved a 
finding that Romania, beginning January 1, 2011, 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 Romania 
to receive such benefits, or their actuarial equivalent, at the full 
rate without qualification or restriction while outside Romania.
    Accordingly, it is hereby determined and found that Romania has in 
effect, beginning January 1, 2011, 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).
    In 1968, we determined that Romania had a system that met the 
requirements of 202(t)(2)(A) of the Social Security Act (Act), but not 
the requirements of 202(t)(2)(B) of the Act. We based that 
determination on a finding that ``citizens of the United States, not 
citizens of Romania, who leave Romania, are not permitted to receive 
such benefits or their actuarial equivalent at the full rate without 
qualification or restriction while outside that country.'' We published 
notice of our determination in the Federal Register October 23, 1968 
(33 FR 15679).
    In 2010, Romania instituted a new unitary public pension law that 
entered into force on January 1, 2011. The law unified the country's 
social insurance system and instituted additional provisions. The new 
system includes social insurance, mandatory individual accounts, and 
voluntary individual accounts. The changes to Romania's social 
insurance system necessitate a new determination under section 
202(t)(2).

FOR FURTHER INFORMATION CONTACT: Donna Powers, 3700 Robert Ball 
Building, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-
3558.

(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: January 7, 2013.
Vance Teel,
Acting Associate Commissioner, Office of International Programs.
[FR Doc. 2013-00493 Filed 1-11-13; 8:45 am]
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