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Agreement and Administrative Arrangement, both
signed at Madrid September 30, 1986; entered into force April 1, 1988.
Texto español
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Contents |
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AGREEMENT ON SOCIAL
SECURITY
BETWEEN
THE UNITED STATES OF AMERICA
AND SPAIN
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The United States of America and Spain,
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 purposes of this Agreement, the expressions and terms listed below
shall have the following meaning:
- "Contracting State" means the United States of America or Spain;
- "Territory" means,
as regards the United States, the States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam and American
Samoa, and,
as regards Spain, the Spanish national territory;
- "National" means,
as regards the United States, a national of the United States as
defined in Section 101, Immigration and Nationality Act of 1952, as
amended, and,
as regards Spain, a national of Spain as defined in Title I of Book
I of the Spanish Civil Code;
- "Laws" means the laws and regulations specified in Article 2 which
are in force in the territory of either Contracting State;
- "Competent Authority" means,
as regards the United States, the Secretary of Health and Human
Services, and,
as regards Spain, the Ministry of Labor and Social Security;
- "Agency" means,
as regards the United States, the Social Security Administration,
and,
as regards Spain, the agency or authority responsible for applying
the laws specified in Article 2, paragraph 1, subparagraph A;
- "Liaison Agency" means,
as regards the United States, the Social Security Administration,
and,
as regards Spain, the agency in charge of coordinating the organizations
involved in the application of this Agreement
- "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 cash amount payable under the laws specified
in Article 2.
- Any other expression or term used in both this Agreement and the laws
of a Contracting State shall, for that Contracting State, have the same
meaning as under those laws.
Article 2
- The present Agreement shall apply:
- As regards Spain,
- to the legal provisions of the General System of Social Security
as they relate to:
- Provisional or permanent disability due to ordinary illness
or nonwork-related injury.
- Old age.
- Death and Survivorship due to ordinary illness or nonwork-related
injury.
- to the legal provisions of the following Special Systems with
respect to the contingencies referred to in subparagraph A, clause
(1):
- Agricultural Workers.
- Maritime Workers.
- Coal Miners.
- Railroad Workers.
- Domestic Employees.
- Self-employed Persons.
- Commercial Representatives.
- Students.
- Artists.
- Authors.
- Bullfighters.
- Professional Soccer Players.
- As regards the United States of America,
to 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.
- Chapter 2 and Chapter 21 of the Internal Revenue Code of 1954
and regulations pertaining to those chapters.
- This Agreement shall apply also to future laws which supplement
or amend the laws specified in the preceding paragraph.
Article 3
- Unless otherwise provided, this Agreement shall apply to:
- Persons who are or have been subject to the laws of one or both of
the Contracting States.
- Other persons with respect to the rights they derive from the persons
mentioned in subparagraph (a).
- A person who is or has been subject to the laws of a Contracting State
and who resides within the territory of the other Contracting State shall,
together with his dependents, receive equal treatment with the nationals
of the other Contracting State in the application of laws specified in
Article 2 of the other Contracting State regarding entitlement to and
payment of benefits.
- Unless otherwise provided in this Agreement, any provision of the laws
of a Contracting State which restricts entitlement to or payment of cash
benefits solely because the person resides outside or is absent from the
territory of that Contracting State shall not be applicable to the persons
who reside in the territory of the other Contracting State.
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PROVISIONS ON COVERAGE
Article 4
- Except as otherwise provided in this Part, a person employed within
the territory of one of the Contracting States shall, with respect to
that employment, be subject to the laws of only that Contracting State.
- A person who would otherwise be covered under the laws of both Contracting
States with respect to self-employment shall be subject to the laws
of only the Contracting State of which he is a resident.
Article 5
- Where a person who is covered under the laws of one Contracting State
in respect of work performed for a firm in the territory of that Contracting
State is sent by that firm to work in the territory of the other Contracting
State, the person shall be subject to the laws of only the first Contracting
State as if he were employed in its territory, provided that the period
of work in the territory of the other Contracting State is not expected
to exceed five years. If the period of work is prolonged due to unforeseen
circumstances for more than five years, the laws of the first Contracting
State shall continue to apply for a new period of not more than one
year, provided that the Competent Authority of the other Contracting
State has given its consent. This extension must be requested before
the termination of the initial period of five years.
- Traveling employees of air transportation companies who perform work
in the territories of both Contracting States and who would otherwise
be covered under the laws of both Contracting States shall, with respect
to that work, be subject to the laws of only the Contracting State in
the territory of which the firm has its home office. However, if such
employees reside in the territory of the other Contracting State, they
shall be subject to the laws of only that State.
- A person employed as an officer or member of a crew on a vessel which
flies the flag of one Contracting State and who would otherwise be covered
under the laws of both Contracting Sates shall be subject to the laws
of only the Contracting State whose flag the vessel flies. A vessel
which flies the flag of the United States is one defined as an American
vessel under the laws of the United States.
Article 6
- 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 territory of 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 1 shall be
subject to the laws of only the first State. For the purposes of this
paragraph, employment by the United States Government includes employment
by an instrumentality thereof.
Article 7
The Competent Authorities of the two Contracting States may agree to
grant an exception to the provisions of Articles 4, 5 and 6 with respect
to any person or category of persons.
Article 8
In determining eligibility for voluntary or optional coverage in accordance
with Spanish laws, periods of coverage completed by a person under United
States laws shall be considered as periods of coverage completed under
Spanish laws if the person fulfills the other requirements provided in
Spanish laws.
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Special Provisions on Benefits
Chapter I
Application of Spanish Laws
Article 9
Where a worker has been subject to the laws of both Contracting States,
benefits shall be granted under the following conditions:
- If the person satisfies the conditions required by Spanish laws for
a right to benefits, the Spanish agency shall determine the amount of
the benefit according to the laws which it applies taking into account
only the periods of coverage completed under its laws.
- If the person does not satisfy the period-of-coverage requirements
under Spanish laws, the benefits which he may claim shall be paid according
to the following rules:
- The periods of coverage completed under each of the laws of the
two Contracting States, as well as the periods recognized as equivalent,
shall be totalized, provided they do not coincide, both for the determination
of the right to benefits as well as for the maintenance or recovery
of this right.
- Taking into account the totalization of periods as described above,
the Spanish agency shall determine, in accordance with its own laws,
if the person meets the requirements for a benefit.
- If a right to a benefit is acquired, the amount shall be determined
as if all the periods of coverage, totalized according to the rules
established in subparagraph (a), had been completed exclusively
under its own laws (theoretical pension). When the amount of the theoretical
pension thus determined is less than the minimum pension provided
at that time under Spanish laws, such minimum shall be considered
as the theoretical pension.
- The amount of the benefit actually due the person shall be established
by reducing the amount determined in subparagraph (c) based on the
ratio of the periods of coverage completed under Spanish laws to the
total of the periods totalized according to subparagraph (a) (pro
rata pension).
- Periods of coverage shall be totalized under this Article according
to the following rules:
- A quarter of coverage under United States laws shall equal 91 days
of contributions under Spanish laws.
- The periods of coverage resulting from the preceding conversion
shall not be totalized under Spanish laws to the extent they coincide
with periods of contributions under Spanish laws.
Article 10
- For purposes of the application, where appropriate, of the principle
of totalization, if the total duration of the periods of coverage acquired
under Spanish laws is less than 1 year, and if, taking into account
only those periods, no right to benefits is derived under such laws,
the Spanish agency shall not grant benefits based on such periods.
- The provisions of paragraph 1 shall not apply if a right to benefits
under Spanish laws may be acquired by totalizing periods of coverage
of less than 1 year in both Contracting States.
- When it is not possible to determine the time when specific periods
of coverage were completed under the laws of one of the Contracting
States, it shall be presumed that such periods do not coincide with
periods of coverage completed under the laws of the other Contracting
State.
Article 11
- If Spanish laws establish as a condition for the award of certain
benefits that periods of coverage be completed in a profession subject
to a special system or in a specific profession or occupation, the periods
completed under the laws of the other Contracting State shall not be
taken into account for the awarding of these benefits unless those periods
were completed under a corresponding system or, failing that, in the
same profession or occupation.
- If, taking into account the periods thus completed, the interested
person does not meet the required conditions for entitlement to these
benefits, these periods shall be taken into account for the awarding
of benefits under the general system.
Article 12
- Benefits awarded in accordance with this Chapter shall be revalued
with the same frequency and in the same amount as provided in Spanish
internal laws.
- Pro rata pensions referred to in Article 9, paragraph 2(d), shall
be converted by reducing the amount of the revaluation according to
the same rule of proportionality cited in that Article.
Article 13
In order to determine the extent of a worker's disability, the Spanish
agency shall take into account medical reports and administrative data
forwarded by the agency of the other Contracting State. Nevertheless,
that agency shall have the right to arrange for the worker to be examined
by a physician of its choice.
Article 14
- To obtain a benefit in the cases set forth in Article 9, paragraph
2, the requirement of Spanish laws that a person be in a situation deemed
equivalent to registered (situacion asimilada al alta) shall be considered
to have been met if the person concerned is covered under United States
laws or is in receipt of a benefit in accordance with United States
laws.
- For purposes of paragraph 1, a person shall be considered to be covered
under United States laws if the person is insured for a benefit under
such laws or has credit for at least 1 quarter of coverage under such
laws during a period of 12 calendar quarters ending with the calendar
quarter in which the insured event occurs according to Spanish laws.
Article 15
- In calculating the benefit computation base, the Spanish agency shall
apply its own laws.
- When all or part of the contributory period elected by the applicant
for the calculation of his benefit computation base has been completed
under United States laws, the Spanish agency shall determine the aforementioned
computation base by reference to the minimum contribution base in force
in Spain during that period or fraction thereof, for workers of the
same occupational or professional category to which the person concerned
belonged while in Spain.
Article 16
The lump-sum death benefit provided by Spanish laws shall be granted
solely on the basis of those laws and in conformity with the requirements
and conditions of those laws.
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Chapter II
Application of United States Laws
Article 17
- Where a person has sufficient quarters of coverage under United States
laws to satisfy the requirements for entitlement to benefits, the agency
of the United States shall determine the amount of the benefit according
to the laws which it applies taking into account only the quarters of
coverage completed under its laws.
- Where a person does not have sufficient quarters of coverage to satisfy
the requirements for entitlement to benefits under United States laws,
including a lump-sum death benefit, but has completed at least six quarters
of coverage under United States laws, the agency of the United States
shall take into account, for the purpose of establishing entitlement
to benefits under this Chapter, periods of coverage which are credited
under Spanish laws and which do not coincide with periods of coverage
already credited under United States laws.
- In determining eligibility for benefits under paragraph
2 of this Article, the agency of the United States shall credit one
quarter of coverage in each calendar year for every 91 days of
contributions in that calendar year certified by the agency of Spain.
If the conversion provided in the preceding sentence produces a remainder,
that remainder shall be treated as one additional quarter of coverage.
However, no quarter of coverage shall be credited under this paragraph
for any calendar quarter already credited as a quarter of coverage under
United States laws, nor shall the total number of quarters of coverage
to be credited for a year exceed four.
- When it is not possible to determine the time when specific periods
of coverage were completed under the laws of one of the Contracting
States, it shall be presumed that such periods do not coincide with
periods of coverage completed under the laws of the other Contracting
State.
Article 18
Entitlement to a benefit under United States laws which results
from Article 17, paragraph 2, 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 provisions of that paragraph.
Article 19
Where entitlement to a benefit under United States laws is established
according to the provisions of Article 17, paragraph 2, the agency of
the United States shall compute a pro rata primary insurance amount in
accordance with United States laws based on:
- The person's average earnings credited exclusively under United
States laws.
- 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.
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MISCELLANEOUS PROVISIONS
Article 20
The Competent Authorities and the agencies of the Contracting States,
within the scope of their respective authority, 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 21
The Competent Authorities of the two Contracting States
shall:
- Establish Administrative Arrangements for the application of the
present Agreement.
- Determine their respective liaison agencies whose functions shall
be established in the Administrative Arrangement.
- Communicate to one another the measures adopted for the application
of this Agreement.
- Notify one another of laws and regulations which modify those listed
in Article 2.
Article 22
- Disagreements between the Competent Authorities of the two Contracting
States regarding the interpretation or application of this Agreement
and its Administrative Arrangements shall, as far as possible, be settled
by the Competent Authorities.
- If such a disagreement cannot be resolved within a period of six months,
either Contracting State may submit the matter to binding arbitration
by an arbitral body whose composition and procedure shall be agreed
upon by the Contracting States.
Article 23
- Correspondence between the Competent Authorities, agencies, liaison
agencies and individuals, as well as applications or documents, may
be in English or Spanish.
- Documents and certificates which are presented for purposes of this
Agreement shall be exempted from requirements for authentication by
diplomatic or consular or other authorities.
Article 24
- Any application, appeal or other document which according to the laws
of a Contracting State must be submitted within a specified period to
an agency of that Contracting State, but which is instead submitted
within the same period to the agency of the other Contracting State,
shall be considered to have been submitted on time. In such case, the
agency with which the application, appeal or document has been filed
shall indicate the date of receipt on the document and transmit it without
delay to the liaison agency of the other Contracting State.
- Any claim for benefits presented in accordance with the laws of one
Contracting State shall be considered as a claim for the corresponding
benefits under the laws of the other State, in conformance with conditions
and limitations established in an Administrative Arrangement.
Article 25
The benefit of exemptions from or reductions of taxes, stamps, notarial
or registration fees or other similar charges provided in the laws of
one of the Contracting States for certifications and documents which are
required in application of the laws of that State, shall be extended to
documents and certifications issued in application of the laws of the
other State or of this Agreement.
Article 26
- Payments due in accordance with this Agreement may be validly made
in the currency of the Contracting State whose agency is making the
payment.
- In case provisions restricting the transfer of currency are promulgated
in either of the Contracting States, the two States shall immediately
adopt measures necessary to guarantee the rights derived from this Agreement.
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TRANSITIONAL AND FINAL PROVISIONS
Article 27
- In the application of this Agreement, consideration shall be given
to periods of coverage under the laws of either Contracting State which
occurred prior to the entry into force of this Agreement, in order to
determine the right to benefits under this Agreement; except that neither
State shall take into account periods of coverage which occurred prior
to the earliest date for which periods of coverage may be credited under
its laws.
- This Agreement shall also apply to events relevant to rights under
the laws which occurred prior to its entry into force. This Agreement
shall not apply to rights settled by a lump-sum payment.
- This Agreement shall not establish any claim to payment of a benefit
for any period before its entry into force or a lump-sum death benefit
if the person died before its entry into force.
- The application of this Agreement shall not result in any reduction
in the amount of benefits to which entitlement was established prior
to its entry into force. Benefit rights which interested persons may
have acquired prior to the entry into force of this Agreement may be
reviewed upon application.
Article 28
- This Agreement shall remain in force and effect until the expiration
of one calendar year following the year in which written notice of its
denunciation is given by one of the Contracting States to the other
Contracting State.
- If this Agreement is terminated by denunciation, 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 29
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 supplementary agreements may be given retroactive
effect if they so specify.
The Government of each of the Contracting States shall notify the other
of the fulfillment of its statutory or constitutional requirements for
the entry into force of this Agreement. The Agreement shall enter into
force on the first day of the second month following the exchange of notifications.
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In witness whereof, the undersigned, being duly
authorized thereto, have signed the present Agreement.
Done at Madrid on September 30, 1986, in duplicate in the English and
Spanish languages, both texts being equally authentic.
For the Government of the
United States of America:
Reginald Bartholomew
For the Government of Spain:
Francisco Fernández Ordoñez
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ADMINISTRATIVE ARRANGEMENT
FOR THE IMPLEMENTATION OF
THE AGREEMENT ON SOCIAL SECURITY
BETWEEN THE UNITED STATES OF AMERICA AND SPAIN
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Pursuant to the provisions of Article 21(a) of the Agreement between
the United States of America and Spain on Social Security, signed September
30, 1986, hereinafter referred to as the "Agreement", the Competent Authorities
of both Contracting States have agreed on the following:
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Chapter 1
General Provisions
Article 1
The terms used in this Administrative Arrangement shall have the same
meaning as in the Agreement.
Article 2
- The liaison agencies referred to in Article 21(b) of the Agreement
shall be the following:
- For Spain: the National Social Security Institute.
- For the United States of America: the Social Security Administration.
- The liaison agencies designated in the preceding paragraph shall agree
on joint procedures, forms and other documents necessary for the application
of the Agreement and this Administrative Arrangement.
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Chapter 2
Provisions on Coverage
Article 3
- Where the laws of a Contracting State are applicable in accordance
with Part II of the Agreement, the agency of that Contracting State,
upon request of the employer, employee or self-employed person, shall
issue a certificate stating that the employee or self-employed person
is covered by those laws. 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 Spain: by the National Social Security Institute.
- In the United States of America: by the Social Security Administration.
- The agency of a Contracting State which issues a certificate referred
to in paragraph 1 shall furnish a copy of the certificate to the liaison
agency of the other Contracting State as needed by the latter agency.
- Where the detachment referred to in Article 5, paragraph 1, of
the Agreement is extended for unforeseen reasons beyond 5 years, the
employer, with the consent of the employee, may apply to the Competent
Authority of the Contracting State from which the employee was sent
for special authorization to continue coverage of the employee under
the laws of that Contracting State. Upon approval, that Competent Authority
shall transmit the application for the extension to the Competent Authority
of the other Contracting State for its approval, as provided for in
the aforementioned Article.
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Chapter III
Special Provisions on Benefits
Article 4
- An application for benefits presented in accordance with the laws
of one Contracting State shall be considered as an application for the
corresponding benefits under the laws of the other Contracting State
in accordance with Article 24, paragraph 2, of the Agreement, if the
applicant presents the application in writing and either requests that
it be considered an application under the laws of the other Contracting
State or, if the applicant has not specifically restricted the application
to benefits under the laws of the first State, 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 the Agreement shall apply to an application for
benefits only if the application is filed on or after the date the Agreement
enters into force.
Article 5
- The agency of the Contracting State with which an application for
benefits is first filed in accordance with Article 4 of this Administrative
Arrangement shall inform the liaison agency of the other Contracting
State of this fact without delay and provide such evidence and other
available information as may be required to complete action on the claim,
using forms established for this purpose.
- The agency of the Contracting State with which an application for
benefits has been filed shall verify the accuracy of the information
pertaining to the worker, the applicant and his family members. The
types of information to be verified shall be agreed upon by the liaison
agencies.
- In the case of an application for disability benefits, the agency
shall transmit all available medical evidence concerning the disability.
- The agency of either of the Contracting States which receives an application
filed with an agency of the other Contracting State shall without delay
provide the liaison agency of the other Contracting State with such
evidence and other available information as may be required to complete
action on the claim, using forms established for this purpose.
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Chapter IV
Miscellaneous Provisions
Article 6
In accordance with measures to be agreed upon by the Contracting States
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 7
The liaison 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 manner to be agreed
upon.
Article 8
- When, in the judgment of an agency, medical evidence is necessary
to determine or review under its laws the disability of an applicant,
that agency may request a new medical examination, using a form to be
established for such purpose.
- The costs incurred for the medical examination provided for in the
preceding paragraph shall be reimbursed by the agency that requests
the examination.
Article 9
The agency of each Contracting State shall pay benefits due to beneficiaries
under the Agreement without recourse to the agency of the other Contracting
State.
Article 10
Unless otherwise authorized by the national statutes of a Contracting
State, information about an individual which is transmitted in accordance
with the Agreement to that Contracting State by the other Contracting
State shall be used exclusively for purposes of implementing the 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 11
This Administrative Arrangement shall enter into force on the same date
as the Agreement and shall have the same period of validity.
Done at Madrid on September 30, 1986, in duplicate in the English and
Spanish languages, both texts being equally authentic.
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For the Government of the United States of
America:
Reginald Bartholomew
For the Government of Spain:
Manuel Chaves González
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