This document discusses the strengths of the agreement and how it can help you work and apply for benefits. If the agent is required to contribute to social security in more than one country or to contribute a higher amount overall than if he has stayed in the country of origin, the employer must check whether he is paying these additional costs on behalf of the worker. Beyond the contribution dilemma, the employer must also decide how to manage the situation when the emigrant loses all entitlement to benefits because of the international allowance. All of these agreements are based on the concept of shared responsibility. Responsibility-sharing agreements are reciprocal. Under each agreement, partner countries make concessions to their social security qualification rules so that those covered by the agreement have access to payments that they may not be eligible for. The responsibility for social security is thus distributed among the countries in which a person has lived during his or her working years and where the person is able to obtain potential rights. In general, it is possible to access a pension from one country in the second country, although the paying country retains some discretion with regard to the exchange and delivery mechanisms used. In 2019, the United States and the French Republic recalled, through diplomatic communication, the agreement that the taxes of the French Confederation of Generalisee Contributions (CSG) and the Contribution to the Repayment of Sociate Debt (CRDS) are not social charges covered by the social security agreement between the two countries. As a result, the IRS will not challenge foreign tax credits for CSG and CRDS payments on the basis that the social security agreement applies to these taxes. If a worker is not entitled to benefits in his country of origin or in the host country because the deadlines are not met, a totalization agreement between the two countries can provide a solution. The agreement allows the worker to add up the time spent between the two sites and to recover social security benefits in one of the countries, provided that a minimum amount is reached in one or both countries.
If, for example, in the United States, the combined credits in both countries allow the worker to meet the eligibility requirements, a partial benefit may be paid on the basis of the proportion of the person`s total career in the paying country. Normally, people who are not U.S. citizens can receive U.S. Social Security benefits when they are outside the U.S., only if they meet certain requirements. However, according to the agreement, you can receive benefits as long as you reside in Spain, regardless of your nationality. If you are not an American or a Spanish citizen and you live in another country, you cannot receive benefits. The restrictions on U.S. services are explained in the social brochure Security – Your Payments While You Are Outside The United States (publication No. 05-10137). Spain and Portugal are covered by both a bilateral agreement and the Treaty of the Ibero-American Social Security Organization. The main condition for collecting social benefits in retirement is the contribution to a plan. In some cases, the recovery of pension benefits requires that the worker has contributed to the social security program and worked in that country for a period of time.
The Data Protection Act requires us to inform you that we are entitled to collect this information until Section 233 of the Social Security Act. Although it is not mandatory for you to provide the information to the Social Security Administration (SSA), a coverage certificate can only be issued if an application has been received.