TN 2 (09-85)
GN 01704.895 Handling Requests for U.S. Earnings Records in German Divorce Cases
According to German law, pension rights acquired during the course of a marriage must be equally divided between the spouses if they are divorced after July 1, 1977. This division also applies to pension rights acquired in the United States. Basically, the pension rights acquired by the spouses during the period of their marriage are compared and half of the difference in value is transferred to the spouse with the lesser pension rights. German family courts are responsible for making these adjustments.
Therefore, INTPSC occasionally receives requests for U.S. earnings records needed to make adjustments. LCs are responsible for replying to these requests, so be aware that the U.S. earnings records are not being requested to process claims filed under the agreement; the “routine use” provision does not apply. This means the worker's consent msut be obtained before an earnings record is released, unless the worker signed the request or the worker is deceased.
DO NOT UNDER ANY CIRCUMSTANCES DEVELOP THROUGH A GERMAN SOCIAL INSURANCE AGENCY.
1. No SSN is on request
Legibly and neatly write the requestor's name and address on a letterhead (so that it will show through the window of a window envelope) and write, “Your request for a United States earnings record cannot be granted until we know the United States Social Security Number of the worker. We will comply with your request if you resubmit it with this necessary information.”
Destroy the alpha folder.
Do not control.
2. No consent attached
If no consent is attached to the request, obtain NH's consent statement by direct contact if the NH lives in the United States or return the request to sender explaining that a consent statement must be submitted before the earnings information can be released if the NH lives outside the United States. Do not control.
3. Releasing information
When all the required information is obtained, forward the earnings record to the requestor with the following paragraph: