Effective Dates: 10/13/2022 - Present Previous | Next

TN 10 (10-22)

GN 01709.125 Eligibility for Swiss Benefits under the U.S. - Swiss Totalization Agreement

A. Minimum coverage requirement

The Agreement modifies Swiss insured status requirements so that U.S. citizens and certain categories of non-citizens can qualify for Swiss "ordinary" old-age (retirement) or survivors benefits if the worker has the required minimum of one year of Swiss coverage. Switzerland does not count U.S. coverage to meet the one-year Swiss coverage requirement.

However, Swiss "ordinary" disability benefits have a three-year minimum coverage requirement. Under the Agreement, Switzerland will count U.S. coverage to assist the disabled worker to meet the three-year minimum coverage requirement, if the worker earned at least one year of Swiss coverage.

In addition, U.S. citizens can qualify for Swiss "ordinary" dependent or survivors benefits if the worker (regardless of nationality) earned at least one year of Swiss coverage.

A person of any nationality can qualify for Swiss "ordinary" benefits as a dependent or survivor of a U.S. or Swiss national or of a refugee or stateless person who resides or resided in the United States if the worker earned at least one year of Swiss coverage.

B. Additional requirements

1. Rehabilitation measures

In addition to "ordinary" disability benefits, Switzerland provides rehabilitation measures to help disabled persons to work. Such measures can include, for example, counseling or vocational training, medical support, or equipment such as a wheelchair. These measures are available only in Switzerland, except as noted in GN 01709.125B(1)(c). Under the Agreement, U.S. citizens can qualify for these measures under certain conditions.

a. Disabled U.S. citizen workers

U.S. citizen workers making contributions to the Swiss "ordinary" old-age, survivors or disability insurance system immediately before disability onset can qualify for Swiss rehabilitation measures as long as they are physically present in Switzerland.

b. Disabled unemployed U.S. citizen non-workers

Unemployed, disabled U.S. citizens with prior but not current coverage under the Swiss social security system can qualify for rehabilitation measures if they:

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    Are currently domiciled in Switzerland; and

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    Resided (without an absence of greater than three months) in Switzerland continuously for at least one year immediately before disability onset.

c. Disabled U.S. citizen minor children

 

Disabled U.S. citizen minors domiciled in Switzerland can qualify for Swiss rehabilitation measures if they:

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    Were born disabled in Switzerland; or

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    Resided (without an absence of greater than three months) in Switzerland continuously from birth.

U.S. citizen children born disabled in the United States to a parent who is:

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    Domiciled in Switzerland; and

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    Covered under the Swiss social security system; and

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    Absent from Switzerland for two months or less before giving birth are treated as children born disabled in Switzerland.

Additionally, in the case of congenitally disabled children, Switzerland's disability insurance system will cover expenses incurred outside of Switzerland in the first three months after the child's birth to the same extent as it would have been required to meet these in Switzerland.

2. Extra "ordinary" benefits

Switzerland provides extra "ordinary" (needs based) benefits to Swiss nationals or persons who resided in Switzerland before age 21, and who became disabled before age 23, who did not make Swiss social security contributions for the three-year minimum period required for entitlement to "ordinary" benefits. Eligible persons include those disabled from birth or from childhood.

The beneficiary must:

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    Be domiciled and permanently reside in Switzerland; and

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    Have been subject to Swiss social security system laws for the same number of years as the beneficiary's age group.

Under the Agreement, U.S. nationals may be entitled to Swiss extra "ordinary" survivors, disability or old-age benefits instead of "ordinary" disability or survivors benefits if they reside continuously in Switzerland for at least five years immediately before filing for benefits.

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    In this case, Switzerland will disregard any periods for which such persons were exempt from making Swiss old-age, disability and survivors system contributions; and

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    Switzerland will disregard absences from Switzerland of three months or less per calendar year, and may disregard longer periods in exceptional cases; and

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    Switzerland will make extra "ordinary" benefits payments even where a person received a refund or a lump sum benefit based on previously paid Swiss social security contributions. However, a lump sum benefit will result in an extra "ordinary" benefit reduced by the amount of the lump sum.

3. Partial and Lump sum benefits payments

a. Old-age (retirement) and survivors benefits

Switzerland makes partial "ordinary" old-age and survivors benefits payments under certain conditions.

Depending on the amount of the benefits payments, under a formula, U.S. national workers or their survivors:

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    Not residing in Switzerland; and

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    Entitled to relatively small benefits will either receive a lump sum instead of partial benefits payments, or be permitted to opt whether to receive partial payments or a lump sum.

Additionally, depending on the amount of the benefits payments, under a similar formula, if a U.S. national is already receiving partial "ordinary" benefits and leaves Switzerland permanently, the beneficiary will be permitted to opt whether to continue to receive partial payments or accept a lump sum with a value assigned at the time the beneficiary leaves Switzerland.

b. Married couples

If both spouses have coverage under the Swiss social security system, lump sum benefits are payable only if both spouses are eligible for benefits.

c. No further claims

If Switzerland already awarded and made a lump sum benefits payment, no further claims are possible based on any corresponding previous contributions or periods of coverage.

d. Disability benefits payments

Switzerland also makes partial "ordinary" disability benefits payments under certain conditions. For U.S. nationals, the same requirements and conditions outlined in GN 01709.125(B)(3)(a) through (c) for Swiss lump sum payments in place of partial "ordinary" old-age and survivors benefits apply to Swiss lump sum payments in place of partial "ordinary" disability benefits, provided:

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    The entitled person has attained age 55; and

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    Switzerland requires no further verification that the person meets the requirements for entitlement to "ordinary" disability benefits.

C. References

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    GN 01709.020, Swiss Social Security Benefits - Eligibility Requirements.

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    GN 01709.215, Application for Benefits Under the U.S. - Swiss Agreement.

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0201709125
GN 01709.125 - Eligibility for Swiss Benefits under the U.S. - Swiss Totalization Agreement - 10/13/2022
Batch run: 10/13/2022
Rev:10/13/2022