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Agreement and Administrative Arrangement both
signed at Washington on April 14, 1992; entry into force September 1,
1993.
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Contents |
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AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND IRELAND
ON SOCIAL SECURITY
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The Government of the United States of America
and
the Government of Ireland,
being desirous of regulating the relationship between their two countries
in the field of Social Security, have agreed as follows:
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GENERAL PROVISIONS
Article 1
- For the purpose of this Agreement:
- "National" means,
as regards the United States, a national of the United States as
defined in Section 101, Immigration and Nationality Act, as amended,
and
as regards Ireland, a citizen of Ireland;
- "Laws" means the laws and regulations specified in Article 2;
- "Laws on compulsory coverage" means,
as regards United States laws, the provisions relating to covered
employment and self-employment, and
as regards Irish laws, the provisions relating to insurable employment
and insurable self-employment;
- "Competent Authority" means,
as regards the United States, the Secretary of Health and Human Services,
and
as regards Ireland, the Minister for Social Welfare;
- "Agency" means,
as regards the United States, the Social Security Administration,
and
as regards Ireland, the Department of Social Welfare;
- "Period of coverage" means a period of payment of contributions
or a period of earnings from employment or self-employment, as defined
or recognized as a period of coverage by the laws under which such
period has been completed, or any similar period insofar as it is
recognized by such laws as equivalent to a period of coverage;
- "Benefit" means any benefit provided for in the laws specified in
Article 2 of this Agreement.
- Any other expression used in this Agreement shall have the meaning
assigned to it in the applicable laws.
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Article 2
- For the purpose of this Agreement, the applicable laws are:
- As regards the United States, the laws governing the Federal old-age,
survivors, and disability insurance program:
-- Title II of the Social Security Act and regulations pertaining
thereto, except sections 226, 226A and 228 of that title and regulations
pertaining to those sections,
--Chapters 2 and 21 of the Internal Revenue Code of 1986 and regulations
pertaining to those chapters;
- As regards Ireland,
- the Social Welfare Acts 1981 to 1992 and regulations made under
those Acts as they relate to:
- old age (contributory) pension;
- retirement pension;
- widows (contributory) pension;
- invalidity pension;
- orphans (contributory) allowance;
- death grant; and
- the liability for payment of employment and self-employment
contributions; and
- with respect to Part II only, section 15 of the Youth Employment
Agency Act, 1981 and section 25 of the Labour Services Act, 1987
insofar as such sections relate to the liability of a person for
the Employment and Training Levy and section 4 of the Health Contributions
Act, 1979.
- Unless otherwise provided, the laws to which this Agreement
applies shall not include the Regulations on Social Security of the
institutions of the European Communities or any treaties or other international
agreements concluded between a Contracting State and a third State,
or laws or regulations promulgated for their specific implementation.
- This Agreement shall also apply to future laws amending or consolidating
the laws specified in paragraph 1 of this Article.
Article 3 This Agreement shall
apply to any person who is or who has been subject to the laws of one
or both of the Contracting States and to the dependants and survivors
of such a person within the meaning of the applicable laws of either State.
Article 4
- A person who is or has been subject to the laws of one Contracting
State and who resides in the other Contracting State, as well as the
person's dependants or survivors who reside in the other Contracting
State, shall receive equal treatment with nationals of the other Contracting
State in the application of the laws of the other Contracting State
regarding entitlement to or payment of benefits.
- Paragraph 1 shall also apply to nationals of a Contracting State
residing in the other Contracting State who have never been subject
to the laws of the first Contracting State and to the dependants and
survivors of such persons.
- Unless otherwise provided in this Agreement, any provision of the
laws of a Contracting State which restricts entitlement to or payment
of benefits solely because the person resides outside or is absent from
that Contracting State shall not be applicable to the persons who reside
in the other Contracting State.
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APPLICABLE LAWS
Article 5
- Except as otherwise provided in this Article, a person employed in
one of the Contracting States shall, with respect to that employment,
be subject to the laws of only that Contracting State.
- Where a person who is normally employed in one Contracting State
by an employer in that State is sent by that employer to the other Contracting
State for a temporary period, the person shall be subject to the laws
of only the first Contracting State as if he were employed in the first
Contracting State, provided that the period of employment in the other
Contracting State is not expected to exceed five years or such longer
period as may be agreed upon by the Competent Authorities of both Contracting
States in a particular case. For purposes of applying the preceding
sentence, an employer and an affiliated company of the employer (as
defined under the laws of the Contracting State from which the person
was sent) shall be considered one and the same, provided that the employment
in the other Contracting State would have been subject to the laws on
compulsory coverage of the Contracting State from which the person was
sent in the absence of this Agreement.
- Paragraph 2 shall apply likewise to a person who is sent to work
on an artificial island, installation, or structure situated on the
continental shelf, determined in accordance with international law,
of a Contracting State as though that artificial island, installation,
or structure were situated in that Contracting State.
- Paragraph 2 shall apply where a person who has been sent by his employer
from a Contracting State to a third State is subsequently sent by that
employer from the third State to the other Contracting State.
- A person who would otherwise be subject to the laws of both Contracting
States with respect to self-employment shall be subject only to the
laws of the Contracting State in which he is ordinarily resident.
- This Agreement shall not affect the provisions of the Vienna Convention
on Diplomatic Relations of April 18, 1961, or of the Vienna Convention
on Consular Relations of April 24, 1963.
- Nationals of one of the Contracting States who are employed by the
Government of that Contracting State in the other Contracting State
but who are not exempt from the laws of the other Contracting State
by virtue of the Conventions mentioned in paragraph 6 shall be subject
to the laws of only the first Contracting State. For the purposes of
this paragraph, employment by the United States Government includes
employment by an instrumentality thereof, and employment by the Irish
Government includes employment which would, under United States laws,
be regarded as employment by an instrumentality of the Irish Government.
- Where the same activity is considered to be self-employment under
the laws of one Contracting State and employment under the laws of the
other Contracting State, that activity shall be treated according to
the provisions of this Article concerning self-employment if the person
is ordinarily resident in the first Contracting State and according
to the provisions of this Article concerning employment in any other
case.
- The Competent Authorities of the two Contracting States may agree
to grant an exception to the provisions of this Article with respect
to particular persons or categories of persons, provided that any affected
person shall be subject to the laws of one of the Contracting States.
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PROVISIONS ON BENEFITS
Article 6
The following provisions shall apply to the United States:
- Where a person has completed at least six quarters of coverage under
United States laws, but does not have sufficient periods of coverage
to satisfy the requirements for entitlement to benefits under United
States laws, the agency of the United States shall take into account,
for the purpose of establishing entitlement to benefits under this Article,
periods of coverage completed under Irish laws which do not coincide
with periods of coverage already credited under United States laws.
- In applying paragraph 1, the agency of the United States shall only
take into account periods of coverage which are used for benefit entitlement
purposes under Irish laws.
- In determining eligibility for benefits under paragraph 1 of this
Article, the agency of the United States shall credit one quarter of
coverage for every thirteen contribution weeks of coverage, or fraction
thereof, certified by the agency of Ireland; however, no quarter of
coverage shall be credited for any calendar quarter already credited
as a quarter of coverage under United States laws. The total number
of quarters of coverage to be credited for a year shall not exceed four.
- Where entitlement to a benefit under United States laws is established
according to the provisions of paragraph 1, the agency of the United
States shall compute a pro rata Primary Insurance Amount in accordance
with United States laws based on (a) the person's average earnings credited
exclusively under United States laws and (b) the ratio of the duration
of the person's periods of coverage completed under United States laws
to the duration of a coverage lifetime as determined in accordance with
United States laws. Benefits payable under United States laws shall
be based on the pro rata Primary Insurance Amount.
- Entitlement to a benefit from the United States which results from
paragraph 1 shall terminate with the acquisition of sufficient periods
of coverage under United States laws to establish entitlement to an
equal or higher benefit without the need to invoke the provision of
paragraph 1 of this Article.
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Article 7
The following provisions shall apply to Ireland:
- Where a person has completed at least fifty-two contribution weeks
of coverage under Irish laws but does not have sufficient periods of
coverage to satisfy the contribution conditions for entitlement to benefits
under these laws, the agency of Ireland shall, subject to paragraph
4, take into account for the purpose of establishing entitlement to
benefit under this Article periods of coverage completed under United
States laws and shall totalise such periods with periods of coverage
completed under Irish laws. The agency of Ireland shall determine entitlement
to benefit on the basis of the totalised periods in accordance with
the relevant statutory contribution conditions provided for under Irish
laws.
- The agency of Ireland shall calculate the amount of Irish benefit
payable, other than death grant and orphans contributory allowance,
in accordance with the following formula:
- the amount of the theoretical benefit which would be payable if
all the periods of coverage completed under the laws of both Contracting
States had been completed under its own laws shall be calculated;
and
- the proportion of such theoretical benefit which bears the same
relation to the whole as the total of the periods of coverage completed
by such person under Irish laws bears to the total of all periods
of coverage which the person has completed under the laws of both
Contracting States shall then be calculated.
The proportionate amount thus calculated shall be the
rate of benefit actually payable to that person by the agency of Ireland.
- In the case of death grant and orphans (contributory) pension, the
amount of benefit payable shall be determined in accordance with the
relevant statutory contribution conditions under Irish laws.
- For purposes of the application of paragraphs 1 and 2 of this Article,
where a period of coverage completed under Irish laws coincides with
a period of coverage under United States laws, only the period of coverage
under Irish laws shall be taken into account.
- For the purposes of determining the eligibility of a person for a
benefit under paragraph 1 of this Article, each quarter of coverage
completed by the person under United States laws in any contribution
year shall be regarded as being the equivalent of thirteen contribution
weeks of coverage. The total number of contribution weeks of coverage
in any one contribution year shall not exceed fifty-two.
- A period of continuous incapacity for work in accordance with Irish
laws which occurs while the person is resident in the United States
shall be deemed to be a continuous period of incapacity for work under
Irish laws for the purpose of determining if a person is permanently
incapable of work.
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MISCELLANEOUS PROVISIONS
Article 8
The Competent Authorities of the two Contracting States
shall:
- Make all necessary administrative arrangements for the implementation
of this Agreement;
- Communicate to each other information concerning the measures taken
for the application of this Agreement; and
- Communicate to each other, as soon as possible, information concerning
all changes in their respective laws which may affect the application
of this Agreement.
Article 9
The Competent Authorities and the agencies of the Contracting
States, within the scope of their respective authorities, shall assist
each other in implementing this Agreement. This assistance shall be free
of charge, subject to exceptions to be agreed upon in an administrative
arrangement.
Article 10
- Where the laws of a Contracting State provide that any document which
is submitted to the Competent Authority or agency of that Contracting
State shall be exempted, wholly or partly, from fees or charges, including
consular and administrative fees, the exemption shall also apply to
corresponding documents which are submitted to the Competent Authority
or agency of the other Contracting State in the application of this
Agreement.
- Documents and certificates which are presented for purposes of this
Agreement shall be exempted from requirements for authentication by
diplomatic or consular authorities.
- Copies of documents which are certified as true and exact copies
by the agency of one Contracting State shall be accepted as true and
exact copies by the agency of the other Contracting State, without further
certification. The agency of each Contracting State shall be the final
judge of the probative value of the evidence submitted to it from whatever
source.
Article 11
The Competent Authorities and agencies of the Contracting States may
correspond directly with each other and with any person wherever the person
may reside whenever it is necessary for the administration of this Agreement.
Article 12
- A written application for benefits filed with the agency of one Contracting
State shall protect the rights of the claimants under the laws of the
other Contracting State if the applicant requests that it be considered
an application under the laws of the other Contracting State.
- If an applicant has filed a written application for benefits with
the agency of one Contracting State and has not explicitly requested
that the application be restricted to benefits under the laws of that
Contracting State, the application shall also protect the rights of
the claimants under the laws of the other Contracting State if the applicant
provides information at the time of filing indicating that the person
on whose record benefits are claimed has completed periods of coverage
under the laws of the other Contracting State.
- The provisions of Part III shall apply only to an application for
benefits which is filed on or after the date this Agreement enters into
force.
Article 13
- A written appeal against a decision made by the agency of one Contracting
State may be validly filed with the agency of either Contracting State.
The appeal shall be dealt with according to the procedure and laws of
the Contracting State whose decision is being appealed.
- Any claim, notice or written appeal which, under the laws of one Contracting
State, must have been filed within a prescribed period with the agency
of that Contracting State, but which is instead filed within the same
period with the agency of the other Contracting State, shall be considered
to have been filed on time.
Article 14
In any case to which the provisions of Article 12 or Article 13 apply,
the agency to which the claim, notice or written appeal has been submitted
shall indicate the date of receipt on the document and transmit it without
delay to the agency of the other Contracting State.
Article 15
Unless otherwise required by the national statutes of a Contracting State,
information about an individual which is transmitted in accordance with
this Agreement to that Contracting State by the other Contracting State
shall be confidential and used exclusively for purposes of implementing
this Agreement. Such information received by a Contracting State shall
be governed by the national statutes of that Contracting State for the
protection of privacy and confidentiality of personal data.
Article 16
- Payments under this Agreement may be made in the currency of the
Contracting State making the payments.
- In case provisions designed to restrict the exchange or exportation
of currencies are introduced by either Contracting State, the Governments
of both Contracting States shall immediately take measures necessary
to ensure the transfer of sums owed by either Contracting State under
this Agreement.
Article 17
Disagreements between the two Contracting States regarding the interpretation
or application of this Agreement shall, as far as possible, be resolved
through agreement of the Competent Authorities.
Article 18
This Agreement may be amended in the future by supplementary agreements
which, from their entry into force, shall be considered an integral
part of this Agreement. Such agreements may be given retroactive effect
if they so specify.
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TRANSITIONAL AND FINAL PROVISIONS
Article 19
- This Agreement shall not establish any claim to payment of a benefit
for any period before the date of the entry into force of the Agreement,
or to a lump-sum death benefit or death grant if the person died before
the date of entry into force of the Agreement.
- In determining the right to and the amount of benefits under this
Agreement, periods of coverage and other events which occurred before
the date of entry into force of this Agreement shall be taken into account,
except that neither Contracting State shall take into account periods
of coverage which occurred prior to the earliest date for which periods
of coverage may be taken into account under its laws.
- In applying paragraph 2 of Article 5 in the case of persons who were
sent to a Contracting State prior to the date of entry into force of
this Agreement, the period of employment referred to in that paragraph
shall be considered to begin on that date.
- The application of this Agreement shall not result in any reduction
in the amount of a benefit to which entitlement was established prior
to its entry into force.
Article 20
- This Agreement shall remain in force and effect until the expiration
of one calendar year following the year in which written notice of its
termination is given by one of the Contracting States to the other Contracting
State.
- If this Agreement is terminated, rights regarding entitlement to or
payment of benefits acquired under it shall be retained. The Contracting
States shall make arrangements dealing with rights in the process of
being acquired.
Article 21
This Agreement shall enter into force on the first day of the third month
following the month in which each Government shall have received from
the other Government written notification that it has complied with all
statutory and constitutional requirements for the entry into force of
this Agreement.
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IN WITNESS WHEREOF, the undersigned, being duly
authorized thereto, have signed the present Agreement.
DONE in duplicate at Washington on April 14, 1992.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
Louis W. Sullivan, M.D.
FOR THE GOVERNMENT OF IRELAND:
Charles McCreevy
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ADMINISTRATIVE ARRANGEMENT
FOR THE IMPLEMENTATION OF THE AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND IRELAND ON SOCIAL SECURITY
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The Government of the United States of America and
the Government of Ireland,
in conformity with Article 8, paragraph (a), of the Agreement between
the United States of America and Ireland on Social Security of this date,
hereinafter referred to as the "Agreement", have agreed as follows:
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Chapter I
General Provisions
Article 1
The terms used in this Administrative Arrangement shall have the same
meaning as in the Agreement.
Article 2
The agencies of both Contracting States shall agree upon joint procedures
and forms necessary for the implementation of the Agreement and this Administrative
Arrangement.
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Chapter II
Provisions on Coverage
Article 3
- Where the laws of a Contracting State are applicable in accordance
with any of the provisions of Article 5 of the Agreement, the agency
of that Contracting State, upon request of the employer or self-employed
person, shall issue a certificate stating that the employee or self-employed
person is subject to those laws and indicating the duration for which
the certificate shall be valid. This certificate shall be proof that
the named worker is exempt from the laws on compulsory coverage of the
other Contracting State.
- The certificate referred to in paragraph 1 shall be issued
- in the United States: by the Social Security Administration;
- in
Ireland: by the Scope Section of the Department of Social Welfare.
- The agency of a Contracting State which issues a certificate referred to
in paragraph 1 shall furnish a copy of the certificate to the agency of
the other Contracting State as needed by the latter agency.
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Chapter III
Provisions on Benefits
Article 4
- The agency of the Contracting State with which an application for
benefits is first filed in accordance with Article 12 of the Agreement
shall provide the agency of the other Contracting State with such evidence
and other information as may be required to complete action on the claim.
- The agency of a Contracting State which receives an application that
was first filed with the agency of the other Contracting State shall
without delay provide the agency of that Contracting State with such
evidence and other available information as may be required for it to
complete action on the claim.
- The agency of the Contracting State with which an application for
benefits has been filed shall verify the information pertaining to the
applicant and his family members. The types of information to be verified
shall be agreed upon by the agencies of both Contracting States.
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Chapter IV
Miscellaneous Provisions
Article 5
In accordance with measures to be agreed upon pursuant to Article 2 of
this Administrative Arrangement, the agency of one Contracting State shall,
upon request of the agency of the other Contracting State, furnish available
information relating to the claim of any specified individual for the
purpose of administering the Agreement.
Article 6
The agencies of the two Contracting States shall exchange statistics
on the number of certificates issued under Article 3 of this Administrative
Arrangement and on the payments made to beneficiaries under the Agreement.
These statistics shall be furnished annually in a form to be agreed upon.
Article 7
- Where administrative assistance is requested under Article 9 of the
Agreement, expenses other than regular personnel and operating costs
of the agency providing the assistance shall be reimbursed, except as
may be agreed to by the Competent Authorities or agencies of the Contracting
States.
- Upon request, the agency of either Contracting State shall furnish
without cost to the agency of the other Contracting State any medical
information and documentation in its possession relevant to the disability
of the claimant or beneficiary.
- The agency of one Contracting State shall reimburse amounts owed under
paragraph 1 of this Article upon presentation of a statement of expenses
by the agency of the other Contracting State.
This Administrative Arrangement shall enter into force on the date of
entry into force of the Agreement and shall have the same period of validity.
DONE in duplicate at Washington on April 14, 1992.
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FOR THEGOVERNMENT OF THE UNITED STATES OF AMERICA:
Louis W. Sullivan, M.D.
FOR THE GOVERNMENT OF IRELAND:
Charles McCreevy
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