[Federal Register Volume 62, Number 210 (Thursday, October 30, 1997)]
[Notices]
[Page 58761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28770]


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SOCIAL SECURITY ADMINISTRATION


Finding Regarding the Social Insurance System of The Czech 
Republic

AGENCY: Social Security Administration.

ACTION: Notice of Finding Regarding the Social Insurance System of The 
Czech Republic.

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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, and 
prior to the first month thereafter for all of which, the individual 
has been in the United States. This prohibition does not apply to such 
an individual where one of the exceptions described in sections 
202(t)(2) through 202(t)(5) of the Social Security Act (42 U.S.C. 
402(t)(2)-(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 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 for International 
Policy. Under that authority, the Associate Commissioner for 
International Policy has approved a finding that the Czech Republic, as 
of January 1, 1993, has a social insurance system of general 
application which:
    (a) pays periodic benefits, or the actuarial equivalent thereof, on 
account of old age, retirement, or death; and
    (b) permits United States citizens who are not citizens of the 
Czech Republic and who qualify for the relevant benefits to receive 
those benefits, or their actuarial equivalent, while outside of the 
Czech Republic, regardless of the duration of the absence of these 
individuals from the Czech Republic.
    Accordingly, it is hereby determined and found that the Czech 
Republic has in effect, as of January 1, 1993, a social insurance 
system which meets the requirements of section 202(t)(2) of the Social 
Security Act (42 U.S.C. 402(t)(2)).
    This is our first finding under section 202(t) of the Social 
Security Act for the Czech Republic. Before January 1993, the United 
States did not recognize the Czech Republic as an independent nation. 
Czechoslovakia divided into two separate states, the Czech Republic and 
the Slovak Republic, on January 1, 1993. At that time, and until 
January 1996, the Czech Republic continued to use the old Czechoslovak 
social insurance system which was determined to meet the provisions of 
Section 202(t)(2) of the Social Security Act on July 1, 1968. The Czech 
Republic also considered itself bound by the Diplomatic Notes on 
reciprocity of payments that were exchanged between the United States 
and Czechoslovakia in 1968 and the addendum in 1969.
    The new social insurance law, the Pension Insurance Act, entered 
into force in the Czech Republic on January 1, 1996. Prior to that 
date, Czech citizens met an exception under the provisions of section 
202(t)(2) based on the old Czechoslovak law that was still in effect.

FOR FURTHER INFORMATION CONTACT: Donna Powers, Room 1104, West High 
Rise Building, P.O. Box 17741, 6401 Security Boulevard, Baltimore, MD 
21235, (410) 965-3568.

(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: October 24, 1997.
James A. Kissko,
Associate Commissioner for International Policy.
[FR Doc. 97-28770 Filed 10-29-97; 8:45 am]
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