[Federal Register Volume 87, Number 94 (Monday, May 16, 2022)]
[Notices]
[Pages 29778-29779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10440]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2020-0042]


Finding Regarding Foreign Social Insurance or Pension System of 
Estonia

AGENCY: Social Security Administration.

ACTION: Notice of finding regarding foreign social insurance or pension 
system of Estonia.

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[[Page 29779]]

SUMMARY: We find that, under the Alien Nonpayment Provision of the 
Social Security Act (Act), citizens of Estonia may continue to receive 
Social Security benefits under title II, after 6 consecutive calendar 
months of absence from the United States. This finding is based on 
information and data we received about the social insurance system of 
Estonia and its laws. The Commissioner of Social Security delegated the 
authority to make this finding to the Deputy Commissioner for 
Retirement and Disability Policy.

DATES: We will implement this finding on May 16, 2022.

FOR FURTHER INFORMATION CONTACT: Icie K. Allen, Office of Income 
Security Programs, 2500 Robert Ball Building, 6401 Security Boulevard, 
Baltimore, MD 21235-6401, (410) 965-8945.

SUPPLEMENTARY INFORMATION: We are prohibited by law from paying 
benefits under title II of the Act to non-U.S. citizens who remain 
outside the United States for more than 6 consecutive calendar months, 
unless they meet an exception provided in the law. We refer to this 
portion of the law as the Alien Nonpayment Provision (ANP).\1\
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    \1\ Section 202(t) of the Act, 42 U.S.C. 402(t).
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    We recently reviewed the Estonian social insurance system to 
determine if it meets the criteria for an ANP exception. This is a new 
finding about the social insurance system of Estonia under the ANP. As 
a result of this finding, citizens of Estonia may continue receiving 
benefits under title II of the Act after 6 consecutive calendar months 
outside the United States.

Background

    The ANP, section 202(t) of the Act, prohibits payment of title II 
benefits to individuals who are not U.S. citizens or nationals for any 
month after they have been outside the United States for more than 6 
consecutive calendar months. Beneficiaries who meet one of the 
exceptions in the ANP may continue to receive benefits under title II 
without regard to absence from the United States. Some of these 
exceptions require that dependents and survivors meet a 5-year U.S. 
residency requirement for benefits to continue after 6 consecutive 
calendar months of absence from the United States.\2\
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    \2\ Section 202(t)(2), (4), (11) of the Act, 42 U.S.C. 
402(t)(2), (4), (11).
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    To determine whether the social insurance or pension system meets 
the criteria for an exception under section 202(t) of the Act, we 
review the foreign country's laws. In addition, we review information 
and data that we receive from the administrators of the social 
insurance or pension system of that country. The Commissioner of the 
Social Security Administration publishes these findings in the Federal 
Register.
    Previously, we determined that the social insurance system of 
Estonia did not meet the exception under section 202(t)(2) of the Act 
because, although the social insurance system satisfied the 
requirements of section 202(t)(2)(A), it did not satisfy the 
requirements of section 202(t)(2)(B). The system did not meet 
subparagraph (B) because Estonia restricted the payment of its pension 
abroad. We published this determination in the Federal Register on 
February 26, 1993.\3\
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    \3\ 58 FR 11612 (Feb. 26, 1993).
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    The Estonian government informed us that they passed an amendment, 
effective January 1, 2018, which allowed payment of all benefits 
outside of Estonia. In April 2018, we received a completed SSA-142 
Report of Social Insurance or Pension System, submitted by the Ministry 
of Social Affairs of Estonia. We initiated an analysis to reach the 
finding we describe here.

Finding

    Section 202(t)(2) of the Act provides that the prohibition against 
payment shall not apply to individuals who are citizens of a foreign 
country that the Commissioner of Social Security finds has a social 
insurance or pension system that is in effect and of general 
application in such country, and that:
    (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 
that country and who qualify for benefits to receive those benefits, or 
the actuarial equivalent thereof, while outside the foreign country 
regardless of the duration of the absence.
    We find that, beginning January 1, 2018, Estonia met all of the 
required criteria of section 202(t)(2) of the Act because it had a 
social insurance system that was in effect, was of general application, 
and met the conditions in subparagraphs (A) and (B).
    Our finding that the exception under section 202(t)(2) applies to 
citizens of Estonia is subject to section 202(t)(11) of the Act. 
Section 202(t)(11) requires that dependent and survivor title II 
beneficiaries must also have resided in the United States for a total 
period of 5 years or more while in a qualifying relationship with the 
individual on whose earnings the benefits are based.

(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social 
Security--Disability Insurance; 96.002, Social Security--Retirement 
Insurance; and 96.004, Social Security--Survivors Insurance)

    The Acting Commissioner of Social Security, Kilolo Kijakazi, having 
reviewed and approved this document, is delegating the authority to 
electronically sign this document to Faye I. Lipsky, who is the primary 
Federal Register Liaison for SSA, for purposes of publication in the 
Federal Register.

Faye I. Lipsky,
Federal Register Liaison, Office of Legislation and Congressional 
Affairs, Social Security Administration.
[FR Doc. 2022-10440 Filed 5-13-22; 8:45 am]
BILLING CODE 4191-02-P