Identification Number:
GN 01729 TN 9
Intended Audience:
Originating Office:ORDP ODEPPIN
Title:Agreement With Austria
Type:POMS Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM
Part GN – General
Chapter 017 – Totalization Benefits
Subchapter 29 – Agreement With Austria
Transmittal No. 9, 07/01/2021

Originating Component

ODEPPIN

Effective Date

Upon Receipt

Background

The Office of Data Exchange, Policy Publications, and International Negotiations is now responsible for negotiating and implementing bilateral Social Security agreements. Accordingly, we are revising existing Totalization POMS sections to account for new component names, addresses, and workload processes. We also updated these instructions to meet the Agency's plain language requirements.

Summary of Changes

GN 01729.020 Austrian Social Security Benefits – Eligibility Requirements

In section A.2 the title (Disability benefit) was not assigned the correct HTM tag, and the text was not displaying (correctly) as a subheading 2 (bold), only this subsection was edited.

Minor grammatical edits were made.

In section C. minor grammatical edits were made.

GN 01729.020 Austrian Social Security Benefits – Eligibility Requirements

Although Austria pays many different categories of benefits, this section describes only the retirement, survivors, and disability benefits. These are the only Austrian benefits included within the scope of the agreement.

A. Eligibility requirements for the workers

1. Retirement benefits

The eligibility requirements for Austrian retirement benefits are as follows:

a. Retirement or old-age benefits

 

Full benefits: 45 years of contributory and certain non-contributory coverage.

Minimum eligibility requirements to qualify:

For persons age 50 or over as of January 1, 2005, they must be age 65 for men and age 60 for women with at least:

  • 15 years (180 months) of contributory and certain non-contributory coverage within the last 30 years; or

  • 15 years of contributory and a total of 25 years of contributory and certain non-contributory coverage.

For persons not yet age 50 as of January 1, 2005 with contributory or certain non-contributory coverage on that date, they must be age 65 for men and age 60 for women, and the more favorable of the above requirements applies.

For persons not yet age 50 as of January 1, 2005 without contributory or non-contributory coverage on that date, they must be age 65 for men and age 60 for women, with at least:

15 years of contributory and certain non-contributory coverage, including seven years of contributory coverage.

NOTE: Age requirements for women will equalize with those for men over the period from 2024-2033.

b. Early retirement

  • Age 62 for men and women.

  • Age 60 for persons engaging in arduous work for at least 10 of the previous 20 years, with a total of 45 years of contributory and certain non-contributory coverage.

2. Disability benefit

  • The worker must have a minimum reduction in capacity for work of 50 percent as a result of a disability expected to last six months, and not be entitled to a retirement pension.

  • Workers not yet age 50 on January 1, 2014 may receive disability benefits only if permanently disabled.

  • Workers age 50 prior to 2014 may receive disability benefits subject to periodic review.

In addition, to qualify:

Persons age 50 or over as of January 1, 2005, must be age 65 for men and age 60 for women with at least:

  • 15 years of contributory and certain non-contributory coverage within the last 30 years; or

  • 15 years of contributory coverage and a total of 25 years of contributory and certain non-contributory coverage.

Persons not yet age 50 as of January 1, 2005 with at least one contributory or certain non-contributory month on that date must be age 65 for men and age 60 for women, and the more favorable of the above requirements applies.

Persons not yet age 50 as of January 1, 2005 without contributory or non-contributory coverage on that date must be age 65 for men and age 60 for women, with at least:

15 years of contributory and certain non-contributory coverage, including seven years of contributory coverage.

The disabled worker must have:

Five years of contributory or certain non-contributory coverage (plus one month for each month after age 50) in the last 10 years (plus two months for each month after age 50). The maximum qualifying period is 15 years of contributory or certain non-contributory coverage within the last 30 years.

NOTE: The qualifying period is not required if disability occurs on the grounds of an employment accident or an occupational disease or before age 27 if the worker has six contributory or certain non-contributory months

B. Eligibility for dependents of retired or disabled workers

1. Spouses

There is no provision for spouses’ benefits.

2. Divorced spouses

There is no provision for divorced spouses’ benefits.

3. Children

There is no provision for benefits paid to children. However, a supplement is paid to the worker for each child:

  • Under age 18, or age 27 if a student or in training; or

  • Disabled (no age limit).

C. Eligibility for survivors of retired or disabled worker

At the time of death, the deceased worker:

  • Must meet the same minimum coverage requirement as for retirement or old age or disability benefits.

  • Must have five years of contributory or certain non-contributory coverage (plus one month for each month after age 50) in the last 10 years (plus two months for each month after age 50).

The maximum qualifying period is 15 years of contributory or certain non-contributory coverage within the past 30 years.

The survivor must meet the following:

1. Surviving spouse or registered (including same-sex) partner

There is no age requirement. However, if no child was born; and

  • The marriage lasted fewer than 10 years, or

  • The marriage occurred after the worker began receiving retirement or old age or disability benefits or met the requirements to qualify for those benefits. Then, the benefit may be limited to 30 months (provided the surviving spouse or registered partner is not disabled at the expiration of the 30 months).

Remarriage terminates the benefit but a one-time payment equal to 35 monthly payments is made if the surviving spouse or registered partner’s benefit was not subject to the 30-month time limit.

2. Surviving divorced spouse or dissolved registered (including same-sex) partner

The surviving divorced spouse or surviving dissolved registered partner:

  • Must have been receiving or been entitled to maintenance payments from the worker; and

  • Meet the same requirements as for surviving spouse's or surviving registered partner's benefits.

3. Surviving children

The eligibility requirements for children to receive Austrian survivors benefits are as follows:

  • Under age 18, or age 27 if a student or in training; or

  • Any age if disabled.

4. Death benefit

A one-time payment may be paid to family members if there are no monthly survivor benefits payable.

D. Requests for official information

Advise individuals that SSA cannot give official information about Austrian benefits. Refer those individuals who want official information to the Main Association of Austrian Insurance Agencies at the following address:

Bundesministerium für Arbeit, Soziales, Gesundheit und
Konsumentenschutz
Stubenring 1
1010 Vienna
AUSTRIA

 


GN 01729 TN 9 - Agreement With Austria - 7/01/2021