TN 4 (07-96)
GN 01707.145 Exception to Section 202(t)(11) Alien Nonpayment Provision Under German Agreement
Benefits generally may not be paid to aliens who are outside the United States for more than 6 months and who first became eligible for dependents or survivors benefits after 1984, unless they have resided in the U.S. for at least 5 years.
Citizens or residents of a country with which the U.S. has a totalization agreement are exempt from these requirements. Therefore, residents of Germany, or German citizens regardless of where they reside, are exempt from these requirements (see GN 01701.150A.2).
As a result of the reunification of Germany, citizens and residents of the former East Germany are now considered citizens or residents, respectively, of Germany (the FRG) and are not subject to the 5-year residency requirement for dependents and survivors. This exception applies to periods during which the beneficiary is a citizen or resident of the former East Germany after September, 1990.
If an alien dependent or survivor who does not meet the U.S. residency requirement alleges he is a citizen or resident of Germany, develop citizenship or residency status.
Developing citizenship and residence status, GN 01702.230
Residency requirements for alien dependents and survivors, RS 02610.025