TN 2 (07-86)

GN 01706.040 Totalization only if needed for entitlement

The original agreement, implemented in 1978, provided that claimants who were entitled to both totalization and nontotalization benefits on the same social security record could elect the benefit they wished to receive. This provision was eliminated by the supplementary agreement which applies to claims adjudicated on January 1, 1986 or later.

The supplementary agreement provides that if the worker has enough coverage under U.S. law to qualify for RSDI benefits, Italian coverage cannot be used by the United States unless an earlier month of entitlement or disability insured status can be established. This would not preclude Italy from using U.S. coverage.

If a worker receiving totalization benefits from the United States acquires enough additional QCs to give him insured status based on U.S. coverage alone, the worker and auxiliaries or survivors will be paid whichever benefit (regular or totalization) results in a higher payment.