TN 16 (11-96)
RS 02001.480 Special Exceptions to the Coverage Rules - U.S. Spanish Agreement
The rules for eliminating dual social security coverage described in RS 02001.465 - RS 02001.475 are designed to cover the great majority of situations where a worker would otherwise be subject to coverage by both Spain and the United States. However, these rules may not apply in all situations, or may have unintended results in certain cases. For this reason, a special exception provision has been included in the agreement.
Under the exception provision, an employee, employer, or self-employed person may request an exception to the normal coverage rules of the agreement. There are no specific criteria for determining when an exception will be granted, however, both countries must concur in the granting of an exception. If either country does not concur with a proposed exception, the worker will be covered in accordance with the applicable coverage rule of the agreement.
A worker or employer who wishes to apply for an exception should write to the appropriate agency in the country where the worker wishes to be covered. The letter should give all the information necessary to issue a certificate of coverage as shown in RS 02001.485 and explain why the exception is desired.
The country that receives the request will evaluate it to determine if it merits approval. If it concurs, it will forward the request to the appropriate agency in the other country for consideration. If the other country also concurs, a certificate of coverage will then be issued by the country under whose laws the worker will be covered.
If an exception is desired to permit U.S. coverage in situations where the agreement would ordinarily assign the worker's coverage to Spain, the request should be sent to the Office of International Policy at the address in RS 02001.485.