GN 01749.145 Exception to Section 202(t)(11) Alien Nonpayment Provision under the Czech Agreement for Dependents and Survivors
A. Alien nonpayment provision
Section 202(t)(11) states that no benefit may be paid to a non-U.S. citizen or national for any month after the 6th consecutive calendar month outside the U.S. If first eligible for benefits after December 1984, the beneficiary must have resided in the U.S. for at least 5 years. During this 5-year residence he or she must have been in a family relationship with the number holder (NH) in order to receive U.S. benefits.
As explained in GN 01701.150A.2., citizens or residents of a country the U.S. has a Totalization agreement with are exempt from these requirements unless an agreement includes a limitation on the exemption. The U.S.-Czech agreement does not contain a limitation.
Czech citizens, regardless of where they reside, are exempt from these requirements.
Residents of the Czech Republic, regardless of their citizenship, are exempt from these requirements.
B. Does not meet 5 year residency
If a non-U.S. citizen dependent or survivor does not meet the 5-year U.S. residency requirements and alleges citizenship or residency of the Czech Republic, the Claims Representative develops citizenship or residence status.
GN 01702.220, Evidence of Citizenship for Beneficiaries Living Outside the United States
GN 01702.230, Evidence of Residence
RS 02610.025, 5 Year Residency Requirement for Alien Dependents/Survivors Outside the United States (U.S.)