TN 4 (04-01)
GN 01709.140 Exception to Section 202(t)(1) Alien Nonpayment Provision under the Swiss Agreement
Section 202(t)(1) of the Social Security Act provides that certain alien beneficiaries will have their benefits suspended once they have been outside the U.S. for more than 6 months.
As explained in GN 01701.150A.1., certain alien beneficiaries who would otherwise be subject to suspension under section 202(t)(1) are exempt from suspension if they reside in a country with which the U.S. has a Totalization agreement. This provision applies to residents of Switzerland who receive regular retirement, survivors or disability insurance benefits as well as those who receive Totalization benefits, provided they are:
refugees or stateless persons, or
auxiliary or survivor beneficiaries entitled on the Social Security number of a worker who is (or was at the time of death) a U.S. citizen, Swiss citizen, or refugee or stateless person.
NOTE: Swiss citizens were already exempt from the alien nonpayment provisions, regardless of where they reside, even before the agreement became effective based on the exception in Section 202(t)(2) of the Social Security Act (see RS 02610.015A.).
If a claimant who does not meet another exception to the alien nonpayment provisions appears to fall into one of the categories shown in GN 01709.140A. and alleges residence in Switzerland, verify that the exemption provided by the agreement applies by developing the following:
refugee or stateless person status, if the applicant alleges such status, or in the case of an auxiliary or survivor if it is alleged that the worker is (or was at the time of death) a refugee or stateless person, or
citizenship, if an auxiliary or survivor alleges that the worker is (or was at the time of death) a Swiss citizen.
Alien nonpayment provisions, RS 02610.000 ff.
Developing refugee or stateless person status, GN 01702.225
Developing citizenship and residence status, GN 01702.230