BASIC (03-01)

GN 01741.145 Exception to Section 202(t)(11) Alien Nonpayment Provision under the Korean Agreement

A. Policy

Under Section 202(t)(11) of the Social Security Act, benefits generally may not be paid to non-U.S. citizens outside the U.S. who first became eligible for dependent or survivor benefits after 1984, unless they resided in the U.S. for at least 5 years during which their relationship with the worker existed.

As explained in GN 01701.150A.2., citizens or residents of a country with which the U.S. has a Totalization agreement are generally exempt from these requirements. Therefore, Korean citizens, regardless of where they reside, and residents of Korea are exempt from these requirements.

B. Procedure

If a non-U.S. citizen dependent or survivor, who does not meet the U.S. residency requirements, alleges he/she is a citizen or resident of Korea, develop citizenship or residence status.

C. References

Developing citizenship and residence status, GN 01702.220 - GN 01702.230

Residency requirements for alien dependents and survivors outside the U.S., RS 02610.025


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http://policy.ssa.gov/poms.nsf/lnx/0201741145
GN 01741.145 - Exception to Section 202(t)(11) Alien Nonpayment Provision under the Korean Agreement - 05/01/2014
Batch run: 05/01/2014
Rev:05/01/2014