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Us Bilateral Social Security Agreements

International social security agreements are beneficial for both those who work today and those whose careers are over. For current workers, the agreements eliminate the double contributions they might otherwise make to social security plans in the United States and another country. For people who have worked in the United States and abroad and are now retired, disabled or deceased, agreements often result in the payment of benefits to which the worker or family members would not otherwise be entitled. In 1977, labour-level immigration patterns were very different from those of 2018, and most trade and multinational relations in the United States then focused on Western Europe. Therefore, Section 233 was adapted to the social security systems of Western Europe at the time. The first two agreements, in which the United States entered with Italy and West Germany, preceded the adoption of Section 233. That is why this scheme was designed with the social security systems of these two countries in mind. Both countries had traditional Bismarck contingency systems that covered almost all of their workforce. Section 233 provides that the President can only enter into totalization agreements with countries with general social security plans that provide regular benefits because of their age, disability or death or actuarial equivalent. To find a table showing the date of the signing, the date of validity and the legal citation for all existing agreements and the status of the current agreements. The FCN Treaty with Italy, which came into force in 1949 and amended in 1951, expressly invited the United States and the Italian Republic to begin negotiations for a bilateral social security agreement.

Since there is no precedent in U.S. law or a specific authorization status, the means of concluding such an agreement were unclear. The conclusion of treaty agreements subjects them to the recommendation and approval clause of the U.S. Constitution and would require a two-thirds positive vote of the Senate in favor of ratification. This was considered unenforceable and, when the FCN Treaty with Italy was ratified on 21 July 1953, the Senate adopted a resolution stipulating that all the resulting social security agreements « are concluded by the United States only in accordance with statutory provisions. » The agreements allow sSA to add U.S. and foreign coverage credits only if the worker has at least six-quarters of U.S. coverage. Similarly, a person may need a minimum amount of coverage under the foreign system to have U.S. coverage accounted for in order to meet the conditions for granting foreign benefits. As international mobility has increased in recent decades, more and more countries have developed such agreements.

Nevertheless, more work is needed to implement effective mechanisms to protect the social rights of migrant workers. Most U.S. agreements eliminate dual coverage of autonomy by allocating coverage to the worker`s country of residence. For example, under the US-Swedish agreement, an American citizen living in Sweden and living in Sweden is covered only by the Swedish system and is excluded from US coverage. 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.

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