Section 202(t)(1) of the Social Security Act provides that the Social Security Administration (SSA) will suspend the benefits of certain alien beneficiaries once they have been outside the United States for more than six consecutive calendar months unless they meet an exception.

As explained in GN 01701.150A.1., certain alien 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 residents of Romania who receive regular retirement, survivors, or disability insurance benefits, as well as those who receive totalization benefits.

If a claimant who does not meet another exception to the alien nonpayment provisions alleges residence in Romania, develop residence status to verify that the exemption provided by the Agreement applies by developing the following:

• •

  Residence status;

• •

  Refugee or stateless person status, if the claimant alleges such status, or in the case of an auxiliary or survivor it is alleged that the worker is (or was at the time of death) a refugee or stateless person; or

• •

  Citizenship of the worker, if a dependent or survivor alleges that the worker is (or was at the time of death) a U.S. or Romanian citizen.

Generally, we do not pay benefits to dependents and survivors who have been outside the United States for more than six months and who first became eligible for the benefits after 1984, unless they satisfy certain U.S. residency requirements (five-year residency rule). This requirement is based on the provisions of Section 202(t)(11) of the Social Security Act. During this five-year residency, the dependent or survivor must have been in a family relationship with the number holder (NH).

However, Section 202(t)(11)(E) makes an exception for citizens or residents of a country with which the U.S. has a Totalization Agreement unless the Agreement includes a limitation on the exemption. The U.S. - Romanian Agreement does not contain a limitation on this exception. Therefore, Romanian citizens, regardless of where they reside, and residents of Romania are exempt from these requirements

If a non-U.S. citizen dependent or survivor does not meet the five-year residency requirement and alleges Romanian citizenship, develop for Romanian citizenship or residence status.

• •

  GN 01701.150 Alien Nonpayment Exemptions under Totalization Agreements

• •

  GN 01702.220 Evidence of Citizenship for Beneficiaries Living Outside the United States

• •

  GN 01702.230 Evidence of Residence

• •

  RS 02610.001 Alien Nonpayment Provisions

• •

  RS 02610.015 Status of Countries for Alien Nonpayment Provision (ANP) Exceptions Based on Citizenship

• •

  RS 02610.025 5-Year Residency Requirement for Alien Dependents/ Survivors Outside the United States (U.S.)

• •

  RS 02610.030 5-Year Residency Requirements for Spouses, Natural Children, Adopted Children, and Parents