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§ 404.1903 20 CFR Ch.

III (4–1–03 Edition)

country if that person assumes certain (b) Neither House of Congress adopts
economic burdens, such as the pur- a resolution of disapproval of the
chase of a dwelling or establishment of agreement within the 60-day period de-
a business, and participates in the so- scribed in paragraph (a) of this section.
cial and cultural activities of the com- [49 FR 29775, July 24, 1984]
munity. If residence in a country is es-
tablished, it may continue even though § 404.1905 Termination of agreements.
the person is temporarily absent from
Each agreement shall contain provi-
that country. Generally, an absence of
sions for its possible termination. If an
six months or less will be considered
agreement is terminated, entitlement
temporary. If an absence is for more
to benefits and coverage acquired by an
than six months, residence in the coun-
individual before termination shall be
try will generally be considered to con-
retained. The agreement shall provide
tinue only if there is sufficient evi-
for notification of termination to the
dence to establish that the person in-
other party and the effective date of
tends to maintain the residence. Suffi-
termination.
cient evidence would include the main-
tenance of a home or apartment in that BENEFIT PROVISIONS
country, the departure from the coun-
try with a reentry permit, or similar § 404.1908 Crediting foreign periods of
acts. The existence of business or fam- coverage.
ily associations sufficient to warrant (a) General. To have foreign periods of
the person’s return would also be con- coverage combined with U.S. periods of
sidered. coverage for purposes of determining
Social security system means a social entitlement to and the amount of bene-
insurance or pension system which is fits payable under title II, an indi-
of general application and which pro- vidual must have at least 6 quarters of
vides for paying periodic benefits, or coverage, as defined in section 213 of
the actuarial equivalent, because of the Social Security Act, under the U.S.
old-age, death, or disability. system. As a rule, SSA will accept for-
[44 FR 42964, July 23, 1979, as amended at 62 eign coverage information, as certified
FR 38452, July 18, 1997] by the foreign country’s agency, unless
otherwise specified by the agreement.
§ 404.1903 Negotiating totalization No credit will be given, however, for
agreements. periods of coverage acquired before
An agreement shall be negotiated January 1, 1937.
with the national government of the (b) For quarters of coverage purposes.
foreign country for the entire country. (1) Generally, a quarter of coverage
However, agreements may only be ne- (QC) will be credited for every 3 months
gotiated with foreign countries that (or equivalent period), or remaining
have a social security system of gen- fraction of 3 months, of coverage in a
eral application in effect. The system reporting period certified to SSA by
shall be considered to be in effect if it the other country’s agency. A report-
is collecting social security taxes or ing period used by a foreign country
paying social security benefits. may be one calendar year or some
other period of time. QCs based on for-
§ 404.1904 Effective date of a total- eign periods of coverage may be cred-
ization agreement. ited as QCs only to calender quarters
Section 233 of the Social Security not already QCs under title II. The QCs
Act provides that a totalization agree- will be assigned chronologically begin-
ment shall become effective on any ning with the first calendar quarter
date provided in the agreement if— (not already a QC under title II) within
(a) The date occurs after the expira- the reporting period and continuing
tion of a period during which at least until all the QCs are assigned, or the
one House of Congress has been in ses- reporting period ends. Example: Coun-
sion on each of 60 days following the try XYZ, which has an annual report-
date on which the agreement is trans- ing period, certifies to SSA that a
mitted to Congress by the President; worker has 8 months of coverage in
and 1975, from January 1 to August 25. The

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