TN 3 (06-96)
GN 01710.317 Derived Rights
A. Policy-third country nationals
Third country nationals can be eligible for Swiss benefits only if they derive rights from certain individuals. A third country national worker is not eligible for Swiss benefits on his own record.
B. Policy-persons who can derive rights
The following persons can derive rights:
Family members: includes any persons who could be entitled to U.S. or Swiss benefits on the record of a living worker.
Survivors: includes any persons who could be entitled to U.S. or Swiss benefits on the record of a deceased worker.
C. Policy-persons from whom rights can be derived
The persons listed in GN 01710.317B. can derive rights from:
nationals of either the United States or Switzerland;
refugees who reside (or resided at death) in either the United States or Switzerland; or
stateless persons who reside (or resided at death) in either the United States or Switzerland.
Maria is an Italian citizen. Her husband, Fred, is a citizen of Switzerland. As a citizen of a third country, Maria is not eligible for Swiss benefits under the agreement on her own record. However, since she derives rights as the wife of a Swiss citizen, she might be eligible for Swiss dependent's or survivor's benefits on Fred's record.