Bilateral Social Security Agreements

Despite the fact that agreements aim to allocate social protection to the country where the worker is most attached, sometimes unusual situations occur, where strict application of the rules of the agreement would lead to unusual or uneven results. That is why each agreement contains a provision allowing the authorities of both countries to grant derogations from the normal rules if both parties agree. A waiver could be granted, for example, if a U.S. citizen`s intervention abroad has been unexpectedly extended by a few months beyond the five-year limit, in accordance with the self-employed rule. In this case, the worker could benefit from continuous U.S. coverage for the additional period. All these agreements are based on the concept of shared responsibility. Shared responsibility agreements are reciprocal. Under each agreement, partner countries make concessions on their social security rules so that people covered by the agreement have access to payments for which they might not otherwise be entitled. In this way, the responsibility for social security is shared between the countries where a person has lived during his or her working years and the person can release potential rights. As a general rule, a pension from one country may be received in the second country, although the paying country retains some discretion in the currency used and in the delivery mechanisms used.

International social security agreements can be bilateral agreements concluded by two countries to coordinate their specific rules or multilateral agreements allowing several countries to coordinate certain parts of their social security legislation. The agreement with Italy is a derogation from other US agreements, as it does not contain a self-employed workers rule. As in other agreements, its fundamental criterion of coverage is the rule of territoriality. However, coverage for expatriate workers is mainly based on the nationality of the worker. If a U.S. citizen employed or self-employed in Italy was covered by U.S. Social Security without the agreement, he or she will remain covered by the U.S. program and exempt from Italian coverage and contributions. These agreements create a legal framework for the coordination of social security systems between countries.

They provide the legal framework to protect the rights of migrant workers and fill social security gaps. The agreements ensure that periods of employment in other signatory countries are taken into account when granting entitlement to social benefits for migrant workers who depend on compliance with a waiting period. In the contract descriptions, you will find links to online versions of our brochures describing each of the 30 US agreements, as well as the full text of each agreement. 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 U.S. social security coverage has been agreed for employees of the related business in accordance with Section 3121(l) of the Internal Income Code.) Self-employed persons should indicate their country of residence and the nature of their self-employment. . .

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