Finding Regarding Foreign Social Insurance or Pension System of Cambodia, 1973-1975 [2024-00404]

Agencies

• Social Security Administration

[Federal Register Volume 89, Number 8 (Thursday, January 11, 2024)]
[Notices]
[Pages 1973-1975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00404]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2023-0005]


Finding Regarding Foreign Social Insurance or Pension System of 
Cambodia

AGENCY: Social Security Administration.

ACTION: Notice of finding regarding foreign social insurance or pension 
system of Cambodia.

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SUMMARY: We find that, under the Alien Nonpayment Provision of the 
Social Security Act (Act), citizens of Cambodia may continue to receive 
Social Security benefits under title II, after 6 consecutive months of 
absence from the United States, without regard to length of absence, if 
they meet certain conditions. This finding is based on our analysis of 
information and data we

[[Page 1974]]

received about the social insurance system of Cambodia and its laws. 
The Commissioner of Social Security delegated the authority to make 
this finding to the Deputy Commissioner for Retirement and Disability 
Policy.

DATES: We will implement this finding on January 11, 2024.

FOR FURTHER INFORMATION CONTACT: Icie K. Allen, Office of Income 
Security Programs, 2500 Robert Ball Building, 6401 Security Boulevard, 
Baltimore, MD 21235-6401, (410) 965-8945. For more information on 
eligibility or filing for benefits, call our national toll-free number, 
1-800-772-1213 or TTY 1-800-325-0778, or visit our internet site, 
Social Security Online, at https://www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: We are prohibited, by law, from paying 
benefits under title II of the Act to non-U.S. citizens who remain 
outside the United States for more than 6 consecutive calendar months, 
unless they meet an exception provided in the law. We refer to this 
portion of the law as the Alien Nonpayment Provision (ANP).\1\
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    \1\ Section 202(t) of the Act, 42 U.S.C. 402(t).
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    We recently reviewed the Cambodian social insurance system to 
determine if it meets the criteria for an ANP exception. This is a new 
finding about the social insurance system of Cambodia under the ANP. As 
a result of this finding, citizens of Cambodia may continue receiving 
benefits under title II of the Act after 6 consecutive calendar months 
outside the United States if they meet one of the following conditions:
    1. Their benefits are based on the earnings of an individual who 
earned at least 40 quarters of coverage, or
    2. Their benefits are based on the earnings of an individual who 
had periods of U.S. residency that add up to at least 10 years.

Background

    The ANP, section 202(t) of the Act, prohibits payment of title II 
benefits to individuals who are not U.S. citizens or nationals for any 
month after they have been outside the United States for more than 6 
consecutive calendar months. Beneficiaries who meet one of the 
exceptions described in the ANP may continue to receive benefits under 
title II without regard to absence from the United States. Some of 
these exceptions require that dependents and survivors meet a 5-year 
U.S. residency requirement for benefits to continue after 6 consecutive 
calendar months of absence from the United States.\2\
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    \2\ Section 202(t)(2), (4), (11) of the Act, 42 U.S.C. 
402(t)(2), (4), (11).
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    To determine whether the social insurance or pension system meets 
the criteria for an exception under section 202(t)(2) of the Act, we 
review the foreign country's laws. In addition, we review information 
and data that we receive from the administrators of the social 
insurance or pension system of that country. The Commissioner of the 
Social Security Administration publishes these findings in the Federal 
Register.
    On July 26, 1958, we published a list of countries that did not 
meet the requirements of section 202(t)(2), which included Cambodia.\3\ 
Cambodia did not meet 202(t)(2) because it did not operate a social 
insurance or pension system of general application. However, the 
exceptions provided under section 202(t)(4)(A) and (B) did apply to 
qualified citizens of Cambodia.
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    \3\ 23 FR 5673 (July 26, 1958).
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    The exceptions under section 202(t)(4)(A) and (B) no longer applied 
to citizens of Cambodia from April 1975 through November 2001, because 
the U.S. Department of the Treasury imposed payment restrictions for 
Cambodia.\4\ The U.S. Department of the Treasury lifted those payment 
restrictions effective December 10, 2001 \5\ and we updated our 
regulation in September 2009 \6\ accordingly.
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    \4\ 40 FR 19202 (May 2, 1975).
    \5\ 66 FR 63623 (Dec. 10, 2001).
    \6\ 74 FR 48855 (Sept. 25, 2009).
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    We requested information from Cambodia to make an updated finding 
of Cambodia's status under section 202(t)(2) of the Act. In June 2014, 
we received a completed Form SSA-142, Report of Social Insurance or 
Pension System, from Cambodia. We initiated an analysis to reach the 
finding we describe here.
    On September 25, 2002, Cambodia enacted the Law on Social Security 
Schemes for Persons Defined by the Provisions of the Labour Law. This 
law contains provisions for the earned right to benefits based on 
contributions from employment covered under Cambodia's social security 
scheme. However, our review indicates that Cambodia's social insurance 
system is not in effect because Cambodia does not currently collect 
contributions or pay pension benefits as of the date of this Finding.

Finding

Section 202(t)(2) Exception

    Section 202(t)(2) of the Act provides that the prohibition against 
payment shall not apply to individuals who are citizens of a foreign 
country that the Commissioner of Social Security finds has a social 
insurance or pension system that is in effect and of general 
application in such country, and that:
    (A) pays periodic benefits, or the actuarial equivalent thereof, on 
account of old age, retirement, or death; and
    (B) permits individuals who are U.S. citizens but not citizens of 
that country and who qualify for benefits to receive those benefits, or 
the actuarial equivalent thereof, while outside the foreign country 
regardless of the duration of the absence.
    We find that Cambodia does not meet the conditions in section 
202(t)(2) of the Act because the social insurance system of Cambodia is 
not in effect. This finding is effective January 1, 2002, the first 
month after the U.S. Treasury restriction was lifted. This finding 
under section 202(t)(2) does not preclude consideration of section 
202(t)(4)(A) and (B).

Section 202(t)(4) Exception

    We find that the ANP exceptions in 202(t)(4)(A) and (B) below apply 
to citizens of Cambodia in specific instances, as discussed in the next 
two paragraphs.
    Section 202(t)(4)(A) of the Act provides that the prohibition 
against payment shall not apply to the benefits payable on the earnings 
record of an individual who has at least 40 quarters of coverage under 
Social Security.
    Section 202(t)(4)(B) of the Act provides that the prohibition 
against payment shall not apply to the benefits payable on the earnings 
record of an individual who has resided in the United States for a 
period or periods aggregating 10 years or more.
    Both exceptions are subject to residency requirements: Section 
202(t)(11) requires that dependent and survivor beneficiaries must have 
resided in the United States for 5 years or more while in a qualifying 
relationship with the individual on whose earnings the benefits are 
based.
    Moreover, the exceptions in section 202(t)(4)(A) and (B) will not 
apply if:
     The individual is a citizen of a foreign country that has 
in effect a social insurance or pension system that is of general 
application and that pays periodic benefits (or the actuarial 
equivalent) on account of old age, retirement, or death; but the social 
insurance or pension system does not pay benefits to qualifying U.S. 
citizens without regard to the duration of the absence from the foreign 
country; or,
     The individual is a citizen of a foreign country that has 
no social insurance or pension system of general application and at any 
time within 5 years before January 1968 (or the first month after 
December 1967 in which

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benefits are subject to ANP suspension), the individual was residing in 
a country to which payments were withheld by Treasury under 31 U.S.C. 
3329(a) and 3330(a).
    We apply this finding from January 1, 2002, the first month after 
the U.S. Department of Treasury lifted the statutory restriction on 
foreign payments.
    Our finding that section 202(t)(4)(A) and (B) apply to citizens of 
Cambodia is subject to section 202(t)(11). Section 202(t)(11) requires 
that dependent and survivor title II beneficiaries must also have 
resided in the United States for a total period of 5 years or more 
while in a qualifying relationship with the individual on whose 
earnings the benefits are based.

(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social 
Security--Disability Insurance; 96.002, Social Security--Retirement 
Insurance; and 96.004, Social Security--Survivors Insurance)

    The Commissioner of the Social Security Administration, Martin 
O'Malley, having reviewed and approved this document, is delegating the 
authority to electronically sign this document to Faye I. Lipsky, who 
is the primary Federal Register Liaison for SSA, for purposes of 
publication in the Federal Register.

Faye I. Lipsky,
Federal Register Liaison, Office of Legislation and Congressional 
Affairs, Social Security Administration.
[FR Doc. 2024-00404 Filed 1-10-24; 8:45 am]
BILLING CODE 4191-02-P