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.

D. Example

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.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0201710317
GN 01710.317 - Derived Rights - 03/12/2014
Batch run: 03/12/2014
Rev:03/12/2014