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Totalization Agreement with Ireland |
(Based on SSA Publication #05-10182, ICN 480189)
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OMB Approval Number: 0960-0554 |
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Table of Contents |
Part I -- Introduction
Part II -- Coverage and Social Security taxes
Part III -- Certificate of coverage
Part IV -- Monthly benefits
Part V -- An Irish pension may affect your U.S. benefitPart VI -- What you need to know about MedicarePart VII -- Claims for benefits
Part VIII -- For more information |
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Part I -- Introduction |
An agreement effective September 1, 1993, between the United States and Ireland improves Social Security protection for people who work or have worked in both countries. It helps many people who, without the agreement, would not be eligible for monthly retirement, disability or survivors benefits under the Social Security system of one or both countries. It also helps people who would otherwise have to pay Social Security taxes to both countries on the same earnings. The agreement covers Social Security taxes (including the U.S. Medicare portion) and Social Security retirement, disability and survivors insurance benefits. It does not cover benefits under the U.S. Medicare program or the Supplemental Security Income program. This document covers highlights of the agreement and explains how it may help you while you work and when you apply for benefits.
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The agreement may help you, your family and your employer |
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Part II -- Coverage and Social Security taxes |
Before the agreement, employees, employers and self-employed people could, under certain circumstances, be required to pay Social Security taxes to both the United States and Ireland for the same work. Under the agreement, if you work as an employee in the United States, you normally will be covered by the United States, and you and your employer will pay Social Security taxes only to the United States. If you work as an employee in Ireland, you normally will be covered by Ireland, and you and your employer pay Social Security taxes only to Ireland. On the other hand, if your employer sends you from one country to work for that employer or an affiliate in the other country for five years or less, you will continue to be covered by your home country and you will be exempt from coverage in the other country. For example, if a U.S. company sends an employee to work for that employer or an affiliate in Ireland for no more than five years, the employer and the employee will continue to pay only U.S. Social Security taxes and will not have to pay in Ireland. If you are self-employed and reside in the United States or Ireland, you generally will be covered and taxed only by the country where you reside. NOTE: In addition to old-age, retirement, survivors
and disability benefits, Irish Social Security taxes cover several other
programs including unemployment benefits, maternity benefits, occupational
injuries benefits and health insurance benefits. As a result, workers
exempted from Irish Social Security coverage by the agreement pay no Social
Security taxes for these programs and generally cannot receive benefits
from them. If the agreement exempts you from Irish coverage, you and your
employer may wish to arrange for alternative benefit protection.
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Summary of Agreement Rules |
The following table shows whether your work is covered under the U.S. or Irish Social Security system. If you are covered under U.S. Social Security, you and your employer (if you are an employee) must pay U.S. Social Security taxes. If you are covered under the Irish system, you and your employer (if you are an employee) must pay Irish Social Security taxes. Part III explains how to get a form from the country where you are covered that will prove you are exempt in the other country.
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NOTE: As the table indicates, a U.S. worker employed in Ireland can be covered by U.S. Social Security only if he or she works for a U.S. employer. A U.S. employer includes a corporation organized under the laws of the United States or any state, a partnership if at least two-thirds of the partners are U.S. residents, a person who is a resident of the U.S. or a trust if all the trustees are U.S. residents. The term also includes a foreign affiliate of a U.S. employer if the U.S. employer has entered into an agreement with the Internal Revenue Service (IRS) under section 3121(l) of the Internal Revenue Code to pay Social Security taxes for U.S. citizens and residents employed by the affiliate.
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Part III -- Certificate of coverage |
A certificate of coverage issued by one country serves as proof of exemption from Social Security taxes on the same earnings in the other country. |
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III.A. Certificates for employees |
To establish an exemption from compulsory coverage and taxes under the Irish system, your employer must request a certificate of coverage (form USA/IRL 1) from the U.S. at this address: Social Security Administration The request may be sent by FAX, if preferred, to (410) 966-1861. Please note this FAX number should only be used for requesting certificates of coverage. No special form is required to request a certificate, but, the request must be in writing and provide the following information:
In addition, your employer must indicate if you remain an employee of the U.S. company while working in Ireland or if you become an employee of the U.S. company’s affiliate in Ireland. If you become an employee of an affiliate, your employer must indicate if the U.S. company has an agreement with the IRS under section 3121(l) of the Internal Revenue Code to pay U.S. Social Security taxes for U.S. citizens and residents employed by the affiliate and, if yes, the effective date of the agreement. Your employer can also request a certificate of U.S. coverage for you over the Internet using a special online request form available at www.socialsecurity.gov/coc. Only an employer can use the online form to request a certificate of coverage. A self-employed person must submit a request by mail or fax. To establish your exemption from coverage under the U.S. Social Security system, your employer in Ireland must request a certificate of coverage (form IRL/USA 1) from Ireland at this address:
The same information required for a certificate of coverage from the United States is needed to get a certificate from Ireland except that you must show your Irish Social Security number rather than your U.S. Social Security number.
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III.B. Certificates for self-employed people |
If you are self-employed and would normally have to pay Social Security taxes to both the U.S. and Irish systems, you can establish your exemption from one of the taxes.
Be sure to provide the following information in your letter:
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III.C. Effective date of coverage exemption |
The certificate of coverage you receive from one country will show the effective date of your exemption from paying Social Security taxes in the other country. Generally, this will be the date you began working in the other country. Certificates of coverage issued by Ireland should be retained by the employer in the United States in case of an audit by the IRS. No copies should be sent to IRS unless specifically requested by IRS. However, a self-employed person must attach a photocopy of the certificate to his or her tax return each year as proof of the U.S. exemption. Copies of certificates of coverage issued by the United States will be provided for both the employee and the employer. It will be their responsibility to present the certificate to the Irish authorities when requested to do so. To avoid any difficulties, your employer (or you, if you are self-employed) should request a certificate as early as possible, preferably before your work in the other country begins. If you or your employer request a certificate of coverage, you should read the Privacy Act and Paperwork Reduction Act Statements below.
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Part IV -- Monthly benefits |
The following table shows the various types of Social Security benefits payable under the U.S. and Irish Social Security systems and briefly describes the eligibility requirements that normally apply for each type of benefit. If you do not meet the normal requirements for these benefits, the agreement may help you to qualify (see Part IV.A below). This table is only a general guide. You can get more specific information about U.S. benefits here on our web site or at any U.S. Social Security office or by calling our toll-free number at 1-800-772-1213. You can get more detailed information about the Irish system by writing to the Irish address in Part VIII or by visiting the Irish Social Security system web site at http://www.welfare.ie/. Under U.S. Social Security, you may earn up to four credits each year depending on the amount of your covered earnings. For example, in 2005, you get one credit for each $920 of your covered annual earnings up to a maximum of four credits for the year. Under the Irish system, credits are measured in weeks. To simplify the information in the table, requirements are shown in years of credits. The table shows two types of credits that can be used to meet the eligibility requirements for benefits under the Irish Social Security system. Paid contributions are compulsory contributions that are based on a percentage of the worker’s earnings. Credited contributions are noncontributory credits that people unable to work for specified reasons (e.g., maternity, sickness, schooling) receive to maintain their eligibility for certain types of benefits. Although not shown in the table some people have a third type of credit based on voluntary contributions to the Irish system, but these voluntary contributions are generally treated the same as paid contributions.
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Monthly benefits and eligibility requirements |
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IV.A. How benefits can be paid |
If you have Social Security credits in both the United States and Ireland, you may be eligible for benefits from one or both countries. If you meet all the basic requirements under one country’s system, you will get a regular benefit from that country. If you don’t meet the basic requirements, the agreement may help you qualify for a benefit as explained below.
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IV.A.1. Benefits from the U.S |
If you do not have enough work credits under the U.S. system to qualify for regular benefits, you may be able to qualify for a partial benefit from the United States based on both U.S. and Irish credits. However, to be eligible to have your Irish credits counted, you must have earned at least six credits (generally one and one-half years of work) under the U.S. system. If you already have enough credits under the U.S. system to qualify for a benefit, the United States cannot count your Irish credits.
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IV.A.2. Benefits from Ireland |
Social Security credits from both countries can also be counted, when necessary, to meet the eligibility requirements for Irish benefits. To be eligible to have your U.S. and Irish credits counted, you must have at least 52 weeks of coverage credited under the Irish system.
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IV.B. How credits get counted |
You do not have to do anything to have your credits in one country counted by the other country. If we need to count your credits under the Irish system to help you qualify for a U.S. benefit, we will get a copy of your Irish record directly from Ireland when you apply for benefits. If Ireland needs to count your U.S. credits to help you qualify for an Irish benefit, they will get a copy of your U.S. record directly from the Social Security Administration when you apply for the Irish benefit. Although each country may count your credits in the other country, your credits are not actually transferred from one country to the other. They remain on your record in the country where you earned them and also can be used to qualify for benefits there.
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IV.C. Computation of U.S. benefit under the agreement |
When a U.S. benefit becomes payable as a result of counting both U.S. and Irish Social Security credits, an initial benefit is determined based on your U.S. earnings as if your entire career had been completed under the U.S. system. This initial benefit is then reduced to reflect the fact that Irish credits helped to make the benefit payable. The amount of the reduction will depend on the number of U.S. credits: the more U.S. credits, the smaller the reduction; and the fewer U.S. credits, the larger the reduction.
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Part V -- An Irish pension may affect your U.S. benefit |
If you qualify for Social Security benefits from both the United States and Ireland and you did not need the agreement to qualify for either benefit, the amount of your U.S. benefit may be reduced. This is a result of a provision in U.S. law which can affect the way your benefit is figured if you also receive a pension based on work that was not covered by U.S. Social Security. For more information, call our toll-free number, 1-800-772-1213, and ask for the publication, Windfall Elimination Provision (Publication #05-10045). If you are outside the United States, you may write to us at the address in Part VIII. |
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Part VI -- What you need to know about Medicare |
Medicare is the U.S. national health insurance system for people age 65 or older or who are disabled. Medicare has two parts: hospital insurance (also called "Part A" Medicare) and medical insurance (called "Part B" Medicare). You are eligible for free hospital insurance at age 65 if you have worked long enough under U.S. Social Security to qualify for a retirement benefit. People born in 1929 or later need 40 credits (about 10 years of covered work) to qualify for retirement benefits. Although the agreement between the United States and Ireland allows the Social Security Administration to count your Irish credits to help you qualify for U.S. retirement, disability or survivor benefits, the agreement doesn’t cover Medicare benefits. As a result, we cannot count your credits in Ireland to establish entitlement to free Medicare hospital insurance. For more information about Medicare, call our toll-free number, 1-800-772-1213, and ask for the publication, Medicare (Publication #05-10043) or visit Medicare’s website at www.medicare.gov.
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Part VII --Claims for benefits |
If you live in the United States and wish to apply for U.S. or Irish benefits:
You can apply for Irish benefits at any U.S. Social Security office by completing an application form SSA-2490. If you live in Ireland and wish to apply for U.S. or Irish benefits,
contact:
You can apply with one country and ask to have your application
considered as a claim for benefits from the other country. Information
from your application will then be sent to the other country. Each country
will process the claim under its own laws—counting credits from
the other country when appropriate—and notify you of its decision.
If you have not applied for benefits before, you may need to provide certain information and documents when you apply. These include the worker’s U.S. and Irish Social Security numbers, proof of age for all claimants, evidence of the worker’s U.S. earnings in the past 24 months, and information about the worker’s coverage under the Irish system. You may wish to call the Social Security office before you go there to see if any other information is needed.
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VII.A. Payment of benefits |
Each country pays its own benefit. U.S. payments are made by the U.S. Department of Treasury each month and cover benefits for the preceding month. Payments under the Irish system are made near the end of each month for the next month.
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VII.B Absence from U.S. territory |
Normally, persons who are not U.S. citizens may receive U.S. Social Security benefits while outside the U.S. only if they meet certain requirements. Under the agreement, however, you may receive benefits as long as you reside in Ireland regardless of your nationality. If you are not a U.S. or Irish citizen and live in another country, you may not be able to receive benefits. The restrictions on U.S. benefits are explained in the publication, "Social Security—Your Payments While You Are Outside The United States" (Publication #05-10137).
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VII.C Appeals |
If you disagree with the decision made on your claim for benefits under the agreement, contact any U.S. or Irish Social Security office. The people there can tell you what you need to do to appeal the decision. The Irish Social Security authorities will review your appeal if it affects
your rights under the Irish system, while U.S. Social Security authorities
will review your appeal if it affects your rights under the U.S. system.
Since each country’s decisions are made independently of the other,
a decision by one country on a particular issue may not always conform
with the decision made by the other country on the same issue. |
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Part VIII -- For more information |
To file a claim for U.S. or Irish benefits under the agreement, follow the instructions in Part VII. To find out more about U.S. Social Security benefits or for information about a claim for benefits, contact any U.S. Social Security office. If you live outside the United States, write to:
For more information about Ireland’s Social Security programs, visit any Social Security office in Ireland. If you don’t live in Ireland, write to:
If you do not wish to file a claim for benefits, but would like more information about the agreement, write to:
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Last reviewed or modified Wednesday Sep 10, 2008 |