BASIC (03-01)

GN 01741.140 Exception to Section 202(t)(1) Alien Nonpayment Provision under the Korean Agreement

A. Policy

Section 202(t)(1) of the Social Security Act provides that certain non-U.S. citizen 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 non-U.S. citizen 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 United States has a Totalization agreement. This exemption applies to citizens or residents of Korea who receive regular retirement, survivors or disability insurance (RSDI) benefits as well as those who receive Totalization benefits.

Note: Citizens of the Republic of Korea are already exempt from the alien nonpayment provision of section 202(t)(1), regardless of where they reside (see RS 02610.015).

B. Procedure

If a claimant who does not meet another exception to the alien nonpayment provisions alleges residence in Korea, develop residence status to verify that the exemption provided by the agreement applies.

C. References

Alien nonpayment provisions, RS 02610.000 ff.

Developing residence status, GN 01702.230


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GN 01741.140 - Exception to Section 202(t)(1) Alien Nonpayment Provision under the Korean Agreement - 05/01/2014
Batch run: 05/01/2014
Rev:05/01/2014