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Bilateral Social Security Agreement

In recent years, support for extending the geographical scope of totalisation agreements has increased beyond the current concentration in Europe. The United States has agreements with several non-European countries, but the nature of the authorisation status has limited negotiations for many other reasons discussed below. However, reaching agreements with many of these countries would likely reduce existing burdens for U.S. businesses, workers, and beneficiaries. Applications must contain the name and address of the employer in the United States and the other country, the worker`s full name, place and date of birth, citizenship, U.S. and foreign social security numbers, place and date of hiring, and the start and end date of the overseas operation. (If the employee works for a foreign subsidiary of the U.S. company, the application should also indicate whether the U.S. For employees of the related company, social security coverage has been agreed pursuant to Section 3121(l) of the Domestic Revenue Code.) Self-employed persons should indicate their country of residence and the nature of their self-employment. When applying for certificates under the agreements concluded with France and Japan, the employer (or self-employed person) must also indicate whether the worker and all accompanying family members are covered by health insurance.

In 1973, the Minister of Health, Education and Welfare, Caspar Weinberger, and his Italian counterpart, sign the first American totalisation agreement. Although the Italian government quickly ratified the agreement in the form of a treaty, Congress had not yet passed an authorization law; That is why the United States has not been able to enter into force. After much thought, Congress passed in 1977 the amendments to the Social Security Act, which contained an authorization act allowing the agreement with Italy to come into force12 Since the late 1970s, the United States has established a network of bilateral social security agreements that coordinate the U.S. social security program with similar programs in other countries. This article gives a brief overview of the agreements and should be of particular interest to multinationals and people who work abroad throughout their careers. A general misunderstanding about the U.S. agreements is that they allow doubly covered workers or their employers to choose the system to which they will contribute. This is not the case. In addition, the agreements do not alter the basic rules for covering the social security legislation of the participating countries, such as. B those that define covered income or covered work.

They exempt workers from coverage under the scheme of either country only if, otherwise, their work was covered by both schemes. Under certain conditions, a worker may be exempted from coverage in a contracting country, even if he or she has not been transferred there directly from the United States. For example, if an American company sends an employee from its New York office to work 4 years in its Hong Kong office, and then transferred it to its London office for another 4 years, the employee can be released from the UK…

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