[Federal Register Volume 78, Number 94 (Wednesday, May 15, 2013)]
[Notices]
[Pages 28698-28699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11461]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2013-0021]


Finding Regarding Foreign Social Insurance or Pension System--
Kosovo

AGENCY: Social Security Administration (SSA).

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

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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 Kosovo, beginning February 18, 2008 has a social insurance 
or pension system of general application in effect which pays periodic 
benefits, or the actuarial equivalent thereof, on account of old age, 
retirement, or death, but that under this social insurance or pension 
system, citizens of the United States citizens who are not citizens of 
Kosovo and who leave Kosovo, are not permitted to receive such 
benefits, or their actuarial equivalent, at the full rate without 
qualification or restriction while outside Kosovo.
    Accordingly, it is hereby determined and found that Kosovo has in 
effect, beginning February 18, 2008, a social insurance or pension 
system which meets the requirements of section 202(t)(2)(A) of the 
Social Security Act (42 U.S.C. 402(t)(2)(A), but not the requirements 
of section 202(t)(t)(2)(B) of the Act (42 U.S.C. 402(t)(2)(B).
    This finding also affects the application of subparagraphs (A) and 
(B) of section 202(t)(4) of the Social Security Act (42 U.S.C. 
402(t)(4)(A) and (B)). That section provides that subject to certain 
residency requirements in section 202(t)(11), section 202(t)(1) shall 
not apply to the benefits payable on the earnings record of an 
individual who has 40 quarters of coverage under Social Security or who 
has resided in the United States for a period or periods aggregating 10 
years or more. However, the provisions of subparagraphs (A) and (B) of 
section 202(t)(4) shall not apply to an individual who is a citizen of 
a foreign country that has in effect a social insurance or pension 
system which is of general application in such country and which 
satisfies the provisions of subparagraph (A) of section 202(t)(2), but 
not subparagraph (B) of section 202(t)(2).
    By virtue of the finding with respect to section 202(t)(2) herein, 
the provisions of subparagraphs (A) and (B) of sections 202(t)(4) do 
not apply to

[[Page 28699]]

citizens of Kosovo beginning February 18, 2008.

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: May 9, 2013.
Vance Teel,
Associate Commissioner, Office of International Programs.
[FR Doc. 2013-11461 Filed 5-14-13; 8:45 am]
BILLING CODE 4191-02-P