[Federal Register Volume 87, Number 126 (Friday, July 1, 2022)]
[Notices]
[Pages 39577-39578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14098]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2020-0054]


Finding Regarding Foreign Social Insurance or Pension System of 
Mongolia

AGENCY: Social Security Administration.

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

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SUMMARY: We find that, under the Alien Nonpayment Provision of the 
Social Security Act (Act), as amended, citizens of Mongolia may not 
continue to receive Social Security benefits under title II after 6 
consecutive calendar months of absence from the United States, unless 
they meet an exception not related to citizenship of Mongolia. This 
finding is based on law, information, and data we received about the 
social insurance system of Mongolia. 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 July 1, 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 six 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 Mongolian social insurance system to 
determine if it meets the criteria for an ANP exception. This is our 
first finding about the social insurance system of Mongolia under the 
ANP. As a result of this finding, citizens of Mongolia will still be 
required to meet an exception unrelated to citizenship in order to 
continue receiving benefits under title II of the Act after six 
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 six consecutive calendar months. Beneficiaries who meet 
one of the exceptions described 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 
six 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.

[[Page 39578]]

    In September 2018, we received a completed SSA-142 Report of Social 
Insurance or Pension System, submitted by the Ministry of Labour and 
Social Protection of Mongolia.
    We conducted a thorough review to reach the finding we describe 
here.

Section 202(t)(2) Exception

    Section 202(t)(2) of the Act provides that the prohibition of 
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 Mongolia does not meet all of the required criteria of 
section 202(t)(2) of the Act because, although it has a social 
insurance system that is in effect, is of general application, and 
meets the conditions in subparagraph (A), the social insurance system 
does not meet the conditions in subparagraph (B).

Section 202(t)(4) Exception

    The ANP exceptions provided in section 202(t)(4) subparagraphs (A) 
and (B) shall not apply to a citizen of a foreign country that has a 
social insurance or pension system in effect and of general 
application, which satisfies section 202(t)(2)(A), but not section 
202(t)(2)(B).
    Therefore, the ANP exceptions in section 202(t)(4)(A) and (B) do 
not apply to citizens of Mongolia due to the above finding under 
section 202(t)(2).

(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 the Social Security Administration, 
Kilolo Kijakazi, Ph.D., M.S.W., 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. 2022-14098 Filed 6-30-22; 8:45 am]
BILLING CODE 4191-02-P