42 U.S.C. § 433

International agreements

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(a) Purpose of agreement

The President is authorized (subject to the succeeding provisions of this section) to enter into agreements establishing totalization arrangements between the social security system established by this subchapter and the social security system of any foreign country, for the purposes of establishing entitlement to and the amount of old-age, survivors, disability, or derivative benefits based on a combination of an individual’s periods of coverage under the social security system established by this subchapter and the social security system of such foreign country.

(b) DefinitionsFor the purposes of this section—(1) the term “social security system” means, with respect to a foreign country, a social insurance or pension system which is of general application in the country and under which periodic benefits, or the actuarial equivalent thereof, are paid on account of old age, death, or disability; and(2) the term “period of coverage” means a period of payment of contributions or a period of earnings based on wages for employment or on self-employment income, or any similar period recognized as equivalent thereto under this subchapter or under the social security system of a country which is a party to an agreement entered into under this section.(c) Crediting periods of coverage; conditions of payment of benefits(1) Any agreement establishing a totalization arrangement pursuant to this section shall provide—(A) that in the case of an individual who has at least 6 quarters of coverage as defined in section 413 of this title and periods of coverage under the social security system of a foreign country which is a party to such agreement, periods of coverage of such individual under such social security system of such foreign country may be combined with periods of coverage under this subchapter and otherwise considered for the purposes of establishing entitlement to and the amount of old-age, survivors, and disability insurance benefits under this subchapter;(B)(i) that employment or self-employment, or any service which is recognized as equivalent to employment or self-employment under this subchapter or the social security system of a foreign country which is a party to such agreement, shall, on or after the effective date of such agreement, result in a period of coverage under the system established under this subchapter or under the system established under the laws of such foreign country, but not under both, and (ii) the methods and conditions for determining under which system employment, self-employment, or other service shall result in a period of coverage; and(C) that where an individual’s periods of coverage are combined, the benefit amount payable under this subchapter shall be based on the proportion of such individual’s periods of coverage which was completed under this subchapter.(2) Any such agreement may provide that an individual who is entitled to cash benefits under this subchapter shall, notwithstanding the provisions of section 402(t) of this title, receive such benefits while he resides in a foreign country which is a party to such agreement.(3)Section 426 of this title shall not apply in the case of any individual to whom it would not be applicable but for this section or any agreement or regulation under this section.(4) Any such agreement may contain other provisions which are not inconsistent with the other provisions of this subchapter and which the President deems appropriate to carry out the purposes of this section.(d) Regulations

The Commissioner of Social Security shall make rules and regulations and establish procedures which are reasonable and necessary to implement and administer any agreement which has been entered into in accordance with this section.

(e) Reports to Congress; effective date of agreements(1) Any agreement to establish a totalization arrangement entered into pursuant to this section shall be transmitted by the President to the Congress together with a report on the estimated number of individuals who will be affected by the agreement and the effect of the agreement on the estimated income and expenditures of the programs established by this chapter.(2) Such an agreement shall become effective on any date, provided in the agreement, which occurs after the expiration of the period (following the date on which the agreement is transmitted in accordance with paragraph (1)) during which at least one House of the Congress has been in session on each of 60 days; except that such agreement shall not become effective if, during such period, either House of the Congress adopts a resolution of disapproval of the agreement.(Aug. 14, 1935, ch. 531, title II, § 233, as added Pub. L. 95–216, title III, § 317(a), Dec. 20, 1977, 91 Stat. 1538; amended Pub. L. 97–35, title XXII, § 2201(b)(12), Aug. 13, 1981, 95 Stat. 831; Pub. L. 98–21, title III, § 326(a), Apr. 20, 1983, 97 Stat. 126; Pub. L. 98–369, div. B, title VI, § 2663(j)(3)(A)(v), July 18, 1984, 98 Stat. 1170; Pub. L. 103–296, title I, § 107(a)(4), Aug. 15, 1994, 108 Stat. 1478.)Editorial NotesAmendments

1994—Subsec. (d). Pub. L. 103–296 substituted “Commissioner of Social Security” for “Secretary”.

1984—Subsec. (d). Pub. L. 98–369 struck out “of Health, Education, and Welfare” after “Secretary”.

1983—Subsec. (e)(2). Pub. L. 98–21 substituted “during which at least one House of the Congress has been in session on each of 60 days” for “during which each House of the Congress has been in session on each of 90 days”.

1981—Subsec. (c)(2). Pub. L. 97–35 struck out provision permitting the agreement to provide that if the benefit paid by the United States to an individual who legally resides in the United States when added to the benefit paid by the foreign country is less than the benefit amount payable to such individual based on the first figure in, or deemed to be in, column IV of the table in section 415(a) of this title in the case of an individual becoming eligible before Jan. 1, 1979, or based on a primary insurance amount determined under section 415(a)(1)(C)(i)(I) of this title in the case of an individual becoming eligible for such benefit on or after such date, the benefit paid by the United States be increased so that the two benefits equal the benefit amount that would be payable.

Statutory Notes and Related SubsidiariesEffective Date of 1994 Amendment

Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title.

Effective Date of 1983 Amendment

Pub. L. 98–21, title III, § 326(b), Apr. 20, 1983, 97 Stat. 126, provided that: “The amendment made by subsection (a) [amending this section] shall be effective on the date of the enactment of this Act [Apr. 20, 1983].”

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–35 applicable with respect to benefits for months after December 1981, with certain exceptions, see section 2(j)(2)–(4) of Pub. L. 97–123, set out as a note under section 415 of this title.

Notes of Decisions

Cited in 18 cases (2 in the last 5 years), 1999–2021 · leading case: Ory Eshel v. Comm'r of IRS, 831 F.3d 512 (D.C. Cir. 2016).

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Ory Eshel v. Comm'r of IRS, 831 F.3d 512 (D.C. Cir. 2016). · cites it 4× “I A In 42 U.S.C. § 433 , Congress authorized the President to enter into social security coordination agreements — known as totali-zation agreements — with other countries, see id.”

Erlich v. United States, 104 Fed. Cl. 12 (Fed. Cl. 2012). · cites it 7× “42 U.S.C. § 433 (2006). Eligibility for social security benefits in the U.”

Resource Investments, Inc. v. United States, 85 Fed. Cl. 447 (Fed. Cl. 2009). · cites it 2× “” 42 U.S.C. § 433 (2)(c). In addition, as a prerequisite to the issuance of any 404 permit, the applicant must also obtain a state water quality certification under Section 401 of the CWA for any activity “which may result in any discharge into the navigable waters.”

Lorraine Beeler v. Andrew M. Saul, 977 F.3d 577 (7th Cir. 2020). · cites it 5× “The provision excludes in part “a payment by a social security system of a foreign country based on an agreement between the United States and such foreign country pursuant to [ 42 U.S.C. § 433 ].” Under the provision the agency reduces Social Security retirement benefits for U.”

Simone R. Taylor v. Jo Anne B. Barnhart, Comm'r, Soc. Sec. Admin., 399 F.3d 891 (8th Cir. 2005). · cites it 4× “Section 233 of the Social Security Act authorizes the President to enter into agreements establishing totalization arrangements between the United States social security system and the social security system of a foreign country.”

Georgiou v. Apfel, 50 F. Supp. 2d 913 (E.D. Mo. 1999). · cites it 10× “to enter into agreements establishing totalization arrangements between the social security system established by this sub-chapter and the social security system of any foreign country for the purpose of establishing entitlement to and the amount of old age, survivors,…”

Ronald Hawrelak v. Carolyn Colvin, 667 F. App'x 161 (7th Cir. 2016). “See 42 U.S.C. § 433 (c)(1)(A); Sambataro v. Comm’r of Soc.”

Nat'l Wildlife Fed'n v. Nat'l Marine Fisheries Serv., 235 F. Supp. 2d 1143 (W.D. Wash. 2002). “” 42 U.S.C. § 433 (2)(C)(iii), (E). Consideration of alternatives is “at the heart” of the EIS and “should present the environmental impacts of the proposal and the alternatives in comparative form, thus sharply defining the issues and providing a clear basis for choice among…”

Vanlerberghe v. Apfel, 82 F. Supp. 2d 1212 (D. Kan. 2000). · cites it 3× “- Belgian totalization agreement pursuant to 42 U.S.C.A. § 433 (West Supp.1999) ] is not applicable, neither is subsection (B) of 42 U.”

Lorraine Beeler v. Andrew M. Saul (7th Cir. 2020). · cites it 5× “The provision excludes in part “a payment by a social security system of a foreign country based on an agreement between the United States and such foreign country pursuant to [ 42 U.S.C. § 433 ].” Under the provision the agency reduces Social Security retirement benefits for U.”

Frances Michener v. Kilolo Kijakazi, 21 F.4th 1177 (9th Cir. 2021). · cites it 4× “The statute allows service in other countries, which ordinarily would not be covered by the Social Security system, to be designated as “employment”— and thereby excluded from the WEP—pursuant to a ”totalization arrangement” agreement entered into under 42 U.S.C. § 433 between…”

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