TN 5 (01-15)
RS 02635.040 No Social Security for Nazis Act of 2014
Citations: Social Security Act Sec 202(n); Public Law 113-270 (H.R. 5739)
The “No Social Security for Nazis Act” became law on December 18, 2014 (Public Law 113-270). This law amends the Social Security Act to make additional people involved in Nazi persecution ineligible for Social Security and Supplemental Security Income (SSI) benefits.
A. 1988 legislation
In 1988, Congress enacted legislation to revise section 202(n)(3) of the Social Security Act to include deportation under paragraph 19 of section 241(a) of the Immigration and Nationality Act (INA) (recodified as section 237(a)(4)(D) of the INA) as a basis for termination of Social Security benefits. This deportation category pertains directly to activities associated with Germany’s Nazi government or its allies during World War II. Prior to the 1988 legislation, SSA terminated benefits of beneficiaries under other offenses contained in the INA that resulted in deportation.
Effective November 10, 1988, the amendments to section 202(n)(3) prohibited payments of retirement and disability benefits to beneficiaries placed under a final order of deportation for participating in Nazi persecution. Benefits were not payable beginning the month after the final order of deportation, whether or not the deportee left the United States.
B. 2014 legislation for terminating benefits for persons involved in Nazi persecution
Beginning with benefits payable January 2015, SSA will terminate the payment of retirement, survivor, and disability benefits, and SSI payments to persons who meet certain criteria relating to their participation in Nazi persecution.
1. Whose benefits are subject to termination?
Benefits of the following person(s) are subject to termination.
A person against whom a final order of removal has been issued under section 237(a)(4)(D) of the INA on grounds of participation in Nazi persecution; or
A person whose U.S. citizenship has been revoked and set aside under section 340 of the INA based on conduct described in section 212(a)(3)(E)(i) of the INA (relating to participation in Nazi persecution), concealment of a material fact about such conduct, or willful misrepresentation about such conduct; or
A person who pursuant to a settlement agreement with the Attorney General has:
admitted to conduct described in section 212(a)(3)(E)(i) of the INA (relating to participation in Nazi persecution), and
lost status as a national of the United States by a renunciation under section 349(a)(5) of the INA.
2. Termination of other benefits
Any person whose Social Security benefits (on his or her own record) are subject to termination due to participation in Nazi persecution as set forth in RS 02635.040C.1. in this section, also cannot receive any of the following benefits for any month after such termination.
Benefits based on the wages and self-employment income of any other person; and
SSI payments under title XVI, including any federally-administered state supplementary payments and mandatory minimum state supplementary payments.
NOTE: Title II dependent or survivor benefits on a removed Number Holder’s record cannot be paid under the removal provisions for any month that meets the conditions shown in RS 02635.001D.4.
3. How is SSA notified when a person is subject to termination
The Attorney General (AG) or the Secretary of Homeland Security (DHS) must notify SSA of a beneficiary’s removal, revocation and setting aside, or renunciation of nationality based on his or her participation in Nazi persecution no later than seven days after such action.
C. Procedure for terminating the benefits of persons involved in Nazi persecution
1. Office of International Programs (OIP)
OIP will receive the notification from the AG or DHS and will notify the Office of Central Operations (OCO) of the identity of the beneficiaries who were certified by the AG or DHS as meeting the requirements of the No Social Security for Nazis Act.
2. Office of Central Operations (OCO)
process the case as a priority;
place the person in “SK” status the month after the date the AG or DHS notified SSA, but such date shall be no earlier than January 2015;
place a special message on the master beneficiary record to show we terminated the beneficiary’s benefits due to participation in NAZI persecution; and
notify the Office of Legislation and Congressional Affairs (OLCA) at ^DCLCA Controls once the action is processed.
3. Office of Legislation and Congressional Affairs (OLCA)
The Commissioner of Social Security is required to notify the House Committee on Ways & Means and the Senate Finance Committee of each beneficiary whose benefits we terminated under the No Social Security for Nazis Act within 30 days of the date the AG or DHS notifies us. OLCA will prepare this notification based on the information provided by OCO.