TN 15 (05-08)

RS 02610.013 Coding Priority of Alien Nonpayment Provisions

A. Introduction

The alien exception code (AEC) is input on the NUSC screen:

  • For each beneficiary residing outside the United States (U.S.); and

  • Is coded with the highest priority class even though other codes may apply.

There are 5 priority classes of alien exception codes.

Reminder:

  • There are no priorities within a class;

  • The AEC codes indicate which alien nonpayment code is involved; and

  • The priority classes indicate the weight assigned to the various AEC’s.

B. Priority classes

The following chart provides general guidelines for the Alien Nonpayment Provisions’ exceptions based on the systems coding of the NUSC screen, See (MSOM COMMON 005.026) - Non U.S. Citizen Coding (NUSC) and the priorities of the exceptions.

ALIEN EXCEPTION CODE

PRIORITY

CLASS

TYPE

DEFINITION

1

1

U.S. citizen or national

U.S. citizen by birth or naturalization, See (GN 00303.300) - Establishing U.S. Citizenship For All SSA Programs.

2

2

Eligible December 1956

(RS 02610.010A.) and (RS 02610.010B.) - Exceptions to Alien Nonpayments

Eligible for a monthly benefit on same earnings record for 12/1956

3

4

NH in U.S. 10 years

(RS 02610.010A.) and (RS 02610.010B.) - Exceptions to Alien Nonpayment

NOTE: Dependents/survivors must also satisfy a 5-year U.S. residency requirement who were first eligible for benefits after December 1984. (RS 02610.025) -5 Year Residency Requirement for Alien Dependents/Survivors Outside the Untied States (U.S.)

NH on whose earnings record (E/R) the alien is entitled lived in the U.S. for at least 10 years.

FIRST, look to citizenship of beneficiary to see if exception code 5 or 6 applies. See Table in (RS 02610.015) - Status of Countries for Applying Exceptions Based on Citizenship.

4

4

NH has 40 QCs

(RS 02610.010A.) and (RS 02610.010B.) - Exceptions to Alien Nonpayment

NOTE: Dependents/survivors must also satisfy a 5-year U.S. residency requirement who were first eligible for benefits after December 1984. (RS 02610.025) -5 Year Residency Requirement for Alien Dependents/Survivors Outside the Untied States (U.S.)

NH on whose earnings record the alien is entitled has at least 40 QCs.

FIRST, look to citizenship of beneficiary to see if exception code 5 or 6 applies. See Table in (RS 02610.015) - Status of Countries for Applying Exceptions Based on Citizenship.

5

3

Treaty Country

(RS 02610.010A.) and (RS 02610.010B.) - Exceptions to Alien Nonpayment

Beneficiaries who are citizens or nationals of the following countries will not have benefits withheld since it would be contrary to a treaty obligation of the U.S. Also see chart in (RS 02610.015) - Status of Countries for Applying Exceptions Based on Citizenship

  • Federal Republic of Germany (West Germany)

  • Greece

  • Republic of Ireland

  • Israel

  • Italy

  • Japan

  • Kingdom of the Netherlands

The treaty with the Netherlands only applies to survivor’s cases. However, effective July 1968, the social insurance exception applies to all citizens of the Netherlands.

Consider citizenship of beneficiary to see if alien exception code 6 applies. See Table in (RS 02610.015) - Status of Countries for Applying Exceptions Based on Citizenship

6

3

Social Insurance Country

(RS 02610.010A.) and (RS 02610.010B.) - Exceptions to Alien Nonpayment

NOTE: Dependents/survivors must also satisfy a 5-year U.S. residency requirement who were first eligible for benefits after December 1984. (RS 02610.025) - 5 Year Residency Requirement for Alien Dependents/Survivors Outside the Untied States (U.S.)

The beneficiary is a citizen of a foreign country which has in effect a social insurance or pension system of general application which pays periodic benefits on account of old age, retirement, or death and under which U.S. citizens who qualify may receive payment without restriction at the full rate while outside the foreign country, regardless of the duration of their absence. See chart in (RS 02610.015) - Status of Countries for Applying Exceptions Based on Citizenship

Consider citizenship of beneficiary to see if alien exception code 5 applies.

7

2

Railroad Service

(RS 02610.010A.) and (RS 02610.010B.) - Exceptions to Alien Nonpayment

NOTE: Dependents/survivors must also satisfy a 5-year U.S. residency requirement who were first eligible for benefits after December 1984. (RS 02610.025) - 5 Year Residency Requirement for Alien Dependents/Survivors Outside the Untied States (U.S.)

NH had railroad compensation that is creditable for benefit purposes under the Social Security Act.

8

2

NH died in Military Service or as a result of a service connected disability

(RS 02610.010A.) and (RS 02610.010 B.) – Exceptions to Alien Nonpayment

The NH died while in the U.S. military service or died as a result of disease or injury attributable to such service and was discharged or released from that service under conditions other than dishonorable.

Does not apply to LSDP claims.

9

2

Beneficiary in U.S. Military Service

(RS 02610.010A.) and (RS 02610.010B.) - Exceptions to Alien Nonpayment

NOTE: Dependents/survivors must also satisfy a 5-year U.S. residency requirement who were first eligible for benefits after December 1984. (RS 02610.025) -5 Year Residency Requirement for Alien Dependents/Survivors Outside the United States (U.S.)

The beneficiary is outside the U.S. in the active military or naval service of the U.S.

A

5

Beneficiary is a resident of a Totalization Country, See

(RS 02610.010A.) and (RS 02610.010B.) - Exceptions to Alien Nonpayment

(GN 01701.150) – Alien Nonpayment Exemptions Under Totalized Agreements.

NOTE:

  • A special message is completed when the alien exception code of A applies because a change of residence can change the payment status.

  • If beneficiary leaves a totalization country and no other exception is met, benefits are placed in suspense (SJ) effective with the full month of absence; or

  • If another exception code is met but the beneficiary is subject to the 5 year residency or adoption rules refer to the CA (Claims Authorizer) for a determination on the payment status.

An exception applies for certain beneficiaries residing in a Totalization Agreement country. The individual Totalization Agreement POMS subchapters explain what categories of alien beneficiaries are exempt under each agreement. See (GN 01701.000 through GN 01748.000) that describes the Totalization Agreements.

The POMS Totalization subchapter will also explain whether any limitation applies for satisfying certain U.S. residency requirements for dependent/survivor beneficiaries.

B

5

Beneficiary is a citizen of a Totalization Country, See

(RS 02610.010A.) and (RS 02610.010B.) - Exceptions to Alien Nonpayment

(GN 01701.150) - Alien Nonpayment Exemptions Under Totalized Agreements

An exception applies for certain beneficiaries who are citizens of a Totalization Agreement country. The individual Totalization Agreement POMS subchapters explain what categories of alien beneficiaries are exempt under each agreement.

This code does not apply to an alien dependent or survivor who is a citizen of Australia or Denmark. Australian citizens residing in Australia or any other totalization country will meet exception A. Denmark citizens residing in Denmark or any other totalization country will meet exception A. Those living in a non-totalization country must meet alien exception codes 3, 4, 7 or 9 and the 5-year residency requirement, See (RS 02610.025B.) - 5 Year Residency Requirement for Alien Dependents/Survivors Outside the United States (U.S.).

The POMS totalization subchapter will also explain whether any limitation applies for satisfying certain U.S. residency requirements for dependent/survivor beneficiaries.

D

 

Alien exception code unknown but is being developed

 

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0302610013
RS 02610.013 - Coding Priority of Alien Nonpayment Provisions - 12/31/2008
Batch run: 01/27/2009
Rev:12/31/2008