[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Notices]
[Page 80875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32586]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2015-0069]


Finding Regarding Foreign Social Insurance or Pension System--
Australia

AGENCY: Social Security Administration (SSA).

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

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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 Australia, beginning September 27, 2001, 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 
Australia to receive such benefits, or their actuarial equivalent, at 
the full rate without qualification or restriction while outside 
Australia.
    Accordingly, it is hereby determined and found that Australia has 
in effect, beginning September 27, 2001, 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 Australia's national pensions system 
did not meet the requirements of 202(t)(2)(A) of the Social Security 
Act (Act). However, under the provisions of section 202(t)(4) of the 
Act, citizens of Australia were afforded the limited exceptions to the 
alien nonpayment provision under section 202(t)(1) if the worker had 10 
years of U.S. residence or 40 quarters of U.S. coverage. We published 
notice of our determination in the Federal Register December 20, 1968 
(33 FR 19054).
    In 1992, Australia enacted a new national coverage scheme system 
called the Superannuation Guarantee (SG). The SG is a contribution 
system of mandatory individual accounts intended to supplement 
Australia's national residence based pension system as a second tier. 
The SG provides benefits at retirement age based on the accumulated 
value of invested contributions in the worker's account. Upon review, 
the SG was found to meet all of the requirements of the section 
202(t)(2) provision. This review required a new determination under 
section 202(t)(2) for Australian citizens.

FOR FURTHER INFORMATION CONTACT: Donna L. 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: December 16, 2015.
Vance Teel,
Associate Commissioner, Office of International Programs.
[FR Doc. 2015-32586 Filed 12-24-15; 8:45 am]
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