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Agreement signed at Paris March 2, 1987; and
Administrative arrangement signed at Washington October 21, 1987; Both
entered into force July 1, 1988.
Version française
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Contents |
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AGREEMENT ON SOCIAL
SECURITY
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE FRENCH REPUBLIC
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The Government of the United States
of America
and
the Government of the French Republic,
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:
- "Territory of a Contracting State" 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 France, the European and Overseas Departments of the French
Republic;
- "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 France, a person of French nationality;
- "Laws" means the laws and regulations specified in Article
2;
- "Competent Authority" means,
as regards the United States, the Secretary of Health and Human Services;
and
as regards France, the Ministers responsible for implementation of
the laws specified in Article 2, paragraph 1.b, each to the extent
of his responsibility;
- "Agency" means,
as regards the United States, the Social Security Administration; and
as regards France, the institution or agency responsible for applying
in whole or in part the laws specified in Article 2, paragraph 1.b;
- "Period of coverage" means a period of payment of contributions
or a period of earnings from employment or self-employment ("activité
non salariée"), 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 contributory benefit in cash or in kind
provided for in the laws of either Contracting State;
- "Stateless person" means a person defined as a stateless person in
Article 1 of the Convention relating to the Status of Stateless Persons
dated September 28, 1954;
- "Refugee" means a person defined as a refugee in Article 1 of the
Convention relating to the Status of Refugees dated July 28, 1951 and
the Protocol to that Convention dated January 31, 1967;
- Any term not defined in this Article shall have the meaning assigned
to it in the laws which are being applied.
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, and
- Chapter 2 and Chapter 21 of the Internal Revenue Code
of 1986 and regulations pertaining to those chapters;
- As regards France,
- laws establishing the administrative organization of social
security programs;
- laws establishing the social insurance system for
nonagricultural employees and laws establishing the social insurance
system for agricultural employees;
- laws on prevention and compensation of occupational accidents
and illnesses; laws on nonoccupational accident insurance and
insurance against occupational accidents and illnesses for self-employed
persons in agricultural occupations;
- laws on family benefits;
- laws concerning special social security systems to the extent
they relate to the risks or benefits covered by the laws enumerated
in the preceding clauses, but excluding the special system for
civil servants;
- the law on the system for seamen;
- laws concerning sickness and maternity insurance for nonagricultural
self-employed workers and laws concerning sickness and maternity
insurance for agricultural self-employed workers;
- laws concerning old-age allowances and old-age insurance for
nonagricultural self-employed workers, laws concerning old-age
and invalidity insurance for clergymen and members of religious
orders, laws concerning old-age and invalidity insurance for attorneys,
and laws concerning old-age insurance for agricultural self-employed
workers.
- Notwithstanding paragraph 1.b(ii) and (vii) of this Article,
this Agreement shall not apply to provisions of French laws which extend
to French nationals who work or have worked outside French territory
the right to enroll in voluntary insurance.
- This Agreement shall also apply to legislation which amends or supplements
the laws specified in paragraph 1; however, it shall apply to future
legislation of a Contracting State which creates new categories of beneficiaries
only if the Competent Authority of that Contracting State does not notify
the Competent Authority of the other Contracting State in writing within
three months of the date of the official publication of the new legislation
that no such extension of the Agreement is intended.
- Unless otherwise provided in this Agreement, laws within the meaning
of paragraph 1 shall not include Regulations on Social Security implementing
the Treaties establishing the European Communities or treaties or other
international agreements which may be in force between either Contracting
State and a third State, or laws or regulations promulgated for their
specific implementation.
Article 3
Unless otherwise provided, this Agreement shall apply to
- persons who are or have been subject to the laws of either Contracting
State and who are nationals of either Contracting State, refugees or
stateless persons and
- other persons with respect to the rights they
derive from the persons mentioned in paragraph (a).
Article 4
A national of a Contracting State who resides within the territory of
the other Contracting State and to whom the provisions of this Agreement
apply shall, together with his dependents, receive equal treatment with
the nationals of the other Contracting State in the application of the
laws of the other State regarding entitlement to and payment of benefits.
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PROVISIONS ON COVERAGE
Article 5
- Unless otherwise provided in this Agreement, 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,
even if the person resides in the territory of the other Contracting
State or the place of business of the person's employer is in the territory
of the other Contracting State.
- Unless otherwise provided in this Agreement, a person employed on
a vessel which flies the flag of a Contracting State who would otherwise
be covered under the laws of both Contracting States shall be subject
to the laws of only the State whose flag the vessel flies. For the purpose
of this paragraph, a vessel which flies the flag of the United States
is an "American vessel" within the meaning of United States laws.
Article 6
- Where an employed person who is covered under the laws of one Contracting
State with respect to work performed for an employer in the territory
of that Contracting State is sent by that employer 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 5 years.
- Article 5, paragraph 2, shall not apply in the case of a person who
is employed in the territorial waters or in a port of a Contracting
State on a vessel flying the flag of the other Contracting State, if
the person is not ordinarily employed at sea and is not a crew member.
In such cases, Article 5, paragraph 1, or Article 6, paragraph 1, shall
apply as appropriate.
- Paragraph 1 shall apply in the case of an employed person who has
been sent by his employer from the territory of a Contracting State
to the territory of a third state and subsequently sent by that employer
from the territory of the third state to the territory of the other
Contracting State, only if the employed person is a national of a Contracting
State.
- A person who is employed in a public or private international air
transport enterprise of one of the Contracting States as a member of
the travelling personnel and who would otherwise be covered under the
laws of both Contracting States shall be subject to the laws of only
the Contracting State where the enterprise is headquartered.
Article 7
- A person who is self-employed in the territory of one Contracting
State shall be subject to the laws of only that Contracting State even
if he resides in the territory of the other Contracting State.
- A person who is normally self-employed in the territory of one Contracting
State and who performs self-employment for a temporary period in the
territory of the other Contracting State shall be subject to the laws
of only the first Contracting State, provided that the period of self-employment
in the territory of the other Contracting State is not expected to exceed
24 months.
- Except as provided in paragraph 4, a person normally self- employed
in the territory of both Contracting States shall be subject to the
laws of only the Contracting State in whose territory the person performs
his principal activity.
- A person who is engaged in agricultural self-employment in the territory
of one of the Contracting States and who is also employed or self-employed
in the territory of the other Contracting State shall be subject, with
respect to the agricultural self-employment, only to the laws of the
Contracting State in whose territory it is performed.
Article 8
- 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 Contracting State. For the purposes
of this paragraph, employment by the United States Government includes
employment by an instrumentality thereof and employment by the French
Government means employment in the service of the French Government
or an instrumentality ("organisme dépendant") of the French Government
performed in the territory of the United States by employees or civil
servants or military personnel or persons treated as such.
Article 9
The Competent Authorities of the two Contracting States may agree to
grant exceptions to the provisions of this Part in the interest of any
person or category of persons, provided that the affected person shall
be subject to the laws of one of the Contracting States.
Article 10
Except as provided in Article 6, paragraph 3, the provisions of Articles
5, 6, 7 and 9 shall apply to persons regardless of their nationality who
would otherwise be covered under the laws of both Contracting States.
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Provisions on Old-age, Survivors and Invalidity Benefits
Chapter 1
General Provisions
Article 11
- Except as otherwise provided in this Agreement, any provision of
United States laws which restricts, suspends or terminates entitlement
to or payment of cash benefits solely because the person resides outside
or is absent from the territory of the United States shall not be applicable
to persons who reside in the territory of France.
- Except as otherwise provided in this Agreement, benefits provided
under French laws shall not be subject to any restriction on entitlement
or any reduction, modification, suspension, termination, or forfeiture
solely because the person described in Article 3 resides in the territory
of the United States.
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Chapter 2
PROVISIONS APPLICABLE TO THE UNITED STATES
Article 12
- Where a person has completed at least six quarters of coverage under
United States laws, but does not have sufficient quarters 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 which are credited under French laws and which do
not coincide with periods of coverage already credited under United
States 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 calendar quarter credited under French laws, except
that 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.
- When entitlement to a benefit under United States laws is established
according to the provisions of paragraph 1, the agency of the United
States shall first compute a theoretical primary insurance amount in
accordance with United States laws (including, as appropriate, the provisions
of those laws on indexing of earnings) as if the worker had completed
a coverage lifetime as determined in accordance with United States laws
at the same earnings level as is credited to the worker during the periods
of coverage actually completed under those laws. The agency of the United
States shall then compute a pro rata primary insurance amount by applying
to the theoretical primary insurance amount the ratio of the duration
of the worker's periods of coverage credited under United States laws
to the duration of a coverage lifetime. Benefits payable under United
States laws on the basis of an earnings record where a pro rata primary
insurance amount has been computed shall be paid on the basis of that
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 provisions of
paragraph 1.
- The provisions of this Article and Article 11, paragraph 1,
shall apply to persons without regard to their nationality.
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Chapter 3
PROVISIONS APPLICABLE TO FRANCE
Article 13
- Nationals of either of the Contracting States, refugees and stateless
persons who have been subject successively or alternately to one or
several social insurance systems in each of the Contracting States shall
receive benefits under French laws as provided in this Article.
- Except as provided in paragraph 3, when the individual has sufficient
coverage to satisfy the requirements of French laws for entitlement
to an old-age, survivor, or invalidity pension without the necessity
of referring to the periods of coverage completed under United States
laws, the French agency shall determine the amount of the pension according
to the provisions of French laws, taking into account only the periods
of coverage completed under French laws.
- (a) Notwithstanding paragraph 2, when an individual who qualifies
for an invalidity pension under French laws is also entitled to a disability
benefit under United States laws, the French agency shall determine
the amount of the invalidity pension it pays according to the provisions
of paragraph 4.b(ii) and (iii).
(b) If the amount of the invalidity pension computed exclusively according
to French laws without recourse to this Agreement would be greater than
the total amount of the benefits payable by the agencies of both Contracting
States in accordance with the provisions of this Agreement, the French
agency shall pay the benefit amount computed in accordance with the
provisions of paragraph 4.b(ii) and (iii) increased by the difference
between the amount of the invalidity pension computed exclusively according
to French laws and such total amount.
- When the individual does not have sufficient coverage to satisfy the
requirements for a French old-age, survivor or invalidity pension, the
benefit which the individual may claim from the French agency shall
be awarded according to the following rules:
- Totalization of periods of coverage
The agency of France shall take account of periods of coverage credited
under the laws of the United States to the extent that they do not
coincide with periods of coverage credited under French laws, both
for purposes of determining the right to benefits as well as the
maintenance or recovery of this right.
- Award of the benefit
- Taking account of the totalization of periods as provided in subparagraph
a., the French agency shall determine, according to its own laws,
if the applicant meets the requirements for entitlement to an old-age,
survivor or invalidity pension under its laws.
- If the applicant is eligible for a pension, the French agency
shall determine the benefit to which the insured would have been
entitled if all the periods of coverage and equivalent periods had
been completed exclusively under its own laws. When the amount of
the pension is based on the average salary during all or part of
the period of coverage, the average salary shall be determined on
the basis of the period of coverage completed under French laws.
- The benefit payable to the beneficiary shall be determined by
reducing the amount of the benefit referred to in (ii) above to
a pro rata amount based on the ratio of (A) the duration of periods
of coverage and equivalent periods acquired under French laws to
(B) the total periods completed under the laws of the two Contracting
States. The total referred to in (B) shall be limited to the number
of quarters of coverage required to qualify for a full old-age pension
under French laws.
- If a person no longer has a right to a French invalidity pension
because he is not covered under French laws, the French agency shall
award an invalidity pension in accordance with the provisions of paragraph
4 (a) and (b) above, provided that the person has completed at least
6 quarters of coverage under United States laws or is eligible for Social
Security benefits under United States laws.
Article 14
If the sum of the periods of coverage completed under French
laws is less than one year, the French agency shall not be required to
award benefits on the basis of the said periods unless a right to benefits
is acquired under French laws solely on the basis of these periods. In
this case, the benefit shall be awarded only on the basis of these periods.
Article 15
Nationals of either Contracting State shall be entitled to enroll in
voluntary insurance provided by French Social Security laws when they
reside in French territory, taking into account as appropriate periods
of coverage or equivalent periods completed under United States laws.
Article 16
Benefits based on periods of coverage completed under French laws shall
be paid to nationals of a third state with which France has a Social Security
convention if they reside in the territory of the United States.
Article 17
- Where French laws award certain benefits only on the condition that
the periods of coverage were completed in a profession covered by a
special system or in a specified profession or employment, the periods
acquired under United States laws shall be taken into account in determining
eligibility for these benefits only if they were acquired in the same
profession or employment.
- If, taking account of the periods thus acquired, the individual does
not meet the requirements for entitlement to the said benefits, these
periods shall be taken into account for the award of benefits under
the general system, without taking into account their special nature.
- Notwithstanding the provisions of Article 11, paragraph 2:
- The special allowance and cumulative indemnity provided by the
special French laws for mine workers shall be payable only to individuals
who work in French mines.
- The allowances for dependent children provided by the special French
laws for mine workers shall be paid according to the conditions specified
therein.
- The occupational invalidity pension provided by the special laws
applicable to mine workers in France shall be paid to insured individuals
who are subject to these special laws at the moment the accident or
sickness which led to the invalidity occurred if the individuals resided
in France until the date of award of the said pension. The pension
shall be discontinued for pensioners who resume work outside of France.
Article 18
The provisions of the present chapter are applicable, by
analogy, to the rights of surviving spouses and children.
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MISCELLANEOUS PROVISIONS
Article 19
- 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.
- The Competent Authorities of the two Contracting States shall:
- Conclude an Administrative Arrangement and make such other arrangements
as may be necessary for the application 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.
- Liaison agencies for the implementation of this Agreement shall be
designated in the Administrative Arrangement.
Article 20
- 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. The correspondence may be in the writer's official language.
- An application or document may not be rejected because it is in an
official language of the other Contracting State.
- Exemptions from or reductions in taxes or stamp, registration, or
enrollment fees provided by the laws of one of the Contracting States
for evidence or documents which must be presented in application of
the laws of that State shall be extended to the corresponding evidence
or documents to be presented to the social security authorities or agencies
of the other State in application of this Agreement.
- Documents and certificates which are presented for purposes of this
Agreement shall be exempted from requirements for authentication or
legalization by diplomatic or consular authorities.
- Copies of documents which are certified as true and exact copies
by an agency of one Contracting State shall be accepted as true and
exact copies by an 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 21
- The provisions of this Agreement shall apply only to an application
for benefits which is filed on or after the date this Agreement enters
into force.
- A written application for benefits filed with an 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 specifically restricted
the application to benefits under the laws of that 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.
Article 22
An application, appeal, or other document which according to the laws
of a Contracting State must be submitted to an agency of that Contracting
State within a specified period shall be considered to have been submitted
on time if it is submitted within the same period to an agency of the
other Contracting State. In such case, the agency to which the application,
appeal, or document has been submitted shall indicate the date of receipt
on the document and transmit it without delay to the liaison agency of
the other Contracting State.
Article 23
- Payments under this Agreement may be made in the currency of the
Contracting State making the payment.
- 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 decide on the measures
necessary to insure the transfer of sums owed by either Contracting
State under this Agreement.
Article 24
- Disagreements arising in connection with the application of this Agreement
shall, as far as possible, be resolved by the Competent Authorities
of the Contracting States.
- If any such disagreement has not been 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 25
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.
Article 26
This Agreement shall not affect provisions of French laws concerning
the participation of non-nationals in the organizations necessary for
the operation of the Social Security systems.
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TRANSITIONAL AND FINAL PROVISIONS
Article 27
- This Agreement shall not establish any claim to benefits for any period
before its entry into force or to a lump-sum death benefit under United
States laws if the person died before its entry into force.
- Periods of coverage completed before the entry into force of this
Agreement shall be taken into account in order to determine the right
to benefits under this Agreement, except that neither Contracting State
shall be required to take into account periods of coverage occurring
prior to the earliest date for which periods of coverage may be credited
under its laws.
- This Agreement shall apply to events which occurred prior to its
entry into force insofar as those events are relevant to rights under
the laws specified in Article 2.
- This Agreement shall not result in the reduction of any cash benefit
to which entitlement existed prior to its entry into force.
- (a) Determinations made before the entry into force of this Agreement
shall not affect rights arising under it.
(b) Any benefit which was denied or suspended under the domestic
law of either Contracting State but which is payable by virtue of
this Agreement shall, upon application of the person concerned, be
awarded or reinstated upon entry into force of the Agreement, provided
that the right to such benefit has not been settled by a lump-sum
payment.
(c) Benefit rights which a person acquired prior to the entry into
force of this Agreement may be reviewed upon application of the person
concerned taking into account the provisions of this Agreement.
- In applying Article 6, paragraph 1, or Article 7, paragraph 2, in
the case of persons who began a period of work in the territory of a
Contracting State prior to the effective date of this Agreement, the
period of work or self-employment referred to in those two paragraphs
shall be considered to begin on that effective date.
Article 28
- The Governments of both Contracting States shall notify each other
in writing of the completion of their respective statutory and constitutional
procedures required for the entry into force of this Agreement.
- This Agreement shall enter into force on the first day of the third
month following the date of the last notification.
Article 29
- 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.
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In witness whereof, the undersigned, being duly
authorized thereto by their respective Governments, have signed this Agreement.
Done at Paris on March 2, 1987, in duplicate in the English and French
languages, both texts being equally authentic.
For the Government of the
United States of America
Joe M. Rodgers
Ambassador Extraordinary
and Plenipotentiary
For the Government of the French Republic:
Philippe Séguin
Minister of Social Affairs
and Employment
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ADMINISTRATIVE ARRANGEMENT
CONCERNING THE APPLICATION
OF THE AGREEMENT ON SOCIAL SECURITY
BETWEEN THE UNITED STATES OF AMERICA
AND
THE FRENCH REPUBLIC
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Pursuant to the provisions of Article 19, paragraph 2(a), of the
Agreement between the United States of America and the French Republic
on Social Security, signed March 2, 1987, hereinafter referred to as the
"Agreement", the Competent Authorities of the two Contracting States have
agreed on the following provisions for application of the Agreement:
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Part I
General Provisions
ARTICLE 1
Terms used in this Administrative Arrangement shall have the same meaning
as in the Agreement.
ARTICLE 2
- Pursuant to Article 19, paragraph 3, of the Agreement, the liaison
agencies designated by the Competent Authorities of the two Contracting
States shall be:
- For the United States of America:
--the Social Security Administration,
- For France:
--the Center for Social Security of Migrant Workers (Centre de
la Securite Sociale des Travailleurs Migrants);
--the National Independent Social Security Fund for Miners (Caisse
Autonome Nationale de la Securite Sociale dans les Mines) with
respect to coverage and invalidity and old-age benefits and death
allowances under the social security system for mine workers.
- The United States Social Security Administration and the French Competent
Authorities shall agree upon joint procedures and forms necessary for
the application of the Agreement and this Administrative Arrangement.
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Part II
Provisions on Coverage
ARTICLE 3
- In applying Part II of the Agreement,
- where the laws of a Contracting State continue to be applicable
in accordance with Article 6, paragraph 1, or Article 7, paragraph
2, of the Agreement, the agency of that Contracting State designated
in paragraph 3 shall issue, upon request of the employer or self-employed
person, a certificate stating that, for the duration of the mission,
the employee or self-employed person remains covered by those laws
with respect to the work in question;
- in all other cases where the laws of a Contracting State are applicable
in accordance with Part II of the Agreement, the agency of that Contracting
State designated in paragraph 3 shall issue, upon request of the employer
or self-employed person, a certificate stating that the employee or
self-employed person is subject to the laws of that Contracting State;
- the certificates referred to in subparagraphs (a) and (b) shall
exempt the named worker from the laws on compulsory coverage of the
other Contracting State.
- In the case of a person who has been sent from the United States to
France in accordance with Article 6, paragraph 1, or Article 7, paragraph
2, of the Agreement, the United States agency shall only issue a certificate
under paragraph 1 of this Article if the employer or self-employed person
has certified that the employee in the first case, or the self-employed
person in the second case, is covered under a program which insures
the person and the family members who accompany him against the cost
of health care.
If the employee or self-employed person is not covered under such
a program, the person concerned shall be subject to French laws and
exempt from United States laws in accordance with Article 5 or Article
7, paragraph 1, of the Agreement.
- The certificates referred to in paragraph 1 shall be issued:
- In the United States of America by:
--the Social Security Administration;
- In France by:
--the Primary Sickness Insurance Fund (Caisse Primaire d'Assurance
Maladie) for persons covered under the general social security system,
--the agency responsible for administering a particular special social
security system for persons covered under that system,
--the agency designated by the Regional Mutual Benefit Funds (Caisses
Mutuelles Régionales) with respect to self-employed persons,
--the National Independent Social Security Fund for Miners (Caisse
Autonome Nationale de Sécurité Sociale dans les Mines)
for persons covered under the social security system for mine workers,
--the Agricultural Social Insurance Mutual Benefit Fund (Caisse de
Mutualité Sociale Agricole) for persons covered under the agricultural
social security system,
--the National Establishment for Disabled Seafarers (Etablissement
National des Invalides de la Marine) for persons covered under the
social security system for seafarers.
- The agency of a Contracting State which issues the certificates referred
to in paragraph 1 shall furnish a copy of these certificates to the
liaison agency of the other Contracting State.
ARTICLE 4
- If an agency of a Contracting State has issued a certificate referred
to in Article 3, paragraph 1 (a), of this Administrative Arrangement
with respect to a worker for a period of work in the territory of the
other Contracting State to which the person was sent in accordance with
Article 6, paragraph 1, of the Agreement, and the worker subsequently
begins a new period of work in the territory of the other Contracting
State, the worker shall not be entitled to a certificate with respect
to the new period unless
- the new period of work begins at least 1 year after the end of the
initial period of work or
- the new period of work is not expected to last beyond 5 years from
the date on which the initial period of work began.
- If an agency of a Contracting State has issued a certificate referred
to in Article 3, paragraph 1 (a), of this Administrative Arrangement
with respect to a worker for a temporary period of self- employment
performed in the territory of the other Contracting State in accordance
with Article 7, paragraph 2, of the Agreement, and the worker subsequently
begins a new period of self-employment in the territory of the other
Contracting State, the worker shall not be entitled to a certificate
with respect to the new period unless
- the new period of self-employment begins at least 1 year after
the end of the initial period of self-employment or
- the new period of self-employment is not expected to last beyond
24 months from the date on which the initial period of self-employment
began.
ARTICLE 5
- For purposes of Article 7, paragraph 3, of the Agreement, a self-
employed person shall be considered to perform his principal activity
in the territory of the Contracting State in which he maintains a fixed
base for more than 183 days during the fiscal year concerned. If the
person maintains a fixed base in the territory of both Contracting States
or of neither Contracting State for more than 183 days in such year,
he shall be considered to perform his principal activity in the territory
of the Contracting State in which he is present for the greater number
of days in such year. Where difficulties arise, the agencies shall furnish
each other with all information necessary to determine the principal
activity of the person concerned.
- If self-employment is covered under the laws of a Contracting State
in accordance with Article 7, paragraph 3, of the Agreement, the amount
of income from self-employment that is creditable for benefit computation
purposes and the amount of contributions that are due under those laws
shall be based on the income derived from self- employment performed
in the territory of both Contracting States. The contribution rate to
be applied in determining the amount of contributions due shall be that
which applies under those laws.
ARTICLE 6
To establish eligibility for voluntary or continued optional coverage
under the French social security system as provided by Article 15 of the
Agreement, the person concerned shall submit to the French agency a record
of the periods of coverage or equivalent periods completed under United
States laws. This record shall be submitted by the United States agency
if the person so requests.
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Part III
Provisions on Benefits
ARTICLE 7
- The agency of a Contracting State with which an application for benefits
is first filed in accordance with Article 21 of the Agreement shall
inform the appropriate agency of the other Contracting State of this
fact without delay, either directly or through the liaison agency, and
provide such evidence and other available information as may be necessary
to complete action on the claim.
- The agency of a Contracting State which receives an application that
was first filed with an agency of the other Contracting State shall
without delay provide the appropriate agency of the other Contracting
State, either directly or through the liaison agency, with such evidence
and other available information as may be required to complete action
on the claim.
- 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 applicant and his family members. The types of information
to be verified shall be agreed upon by the Competent Authorities or,
with their authorization, the liaison agencies.
ARTICLE 8
- When necessary for the application of Part III of the Agreement, an
agency of a Contracting State shall send a record of the periods of
coverage completed by a person under the laws of that Contracting State
to the liaison agency of the other Contracting State.
- When claiming benefits in accordance with Article 17 of the Agreement
- the claimant shall be responsible for furnishing the French agency
all documentary evidence necessary to allow that agency to determine
if it can take into account periods certified by the United States
agency under paragraph 1;
- services performed in the United States shall be considered to be
performed underground if they would be so considered in accordance
with the special French laws on social security for mine workers if
the services had been performed in France.
- In applying Part III of the Agreement in cases where periods of coverage
under the laws of both Contracting States coincide, the agency of each
Contracting State shall take into account only the periods of coverage
completed under the laws which it applies.
- For purposes of Article
13, paragraph 4(a), of the Agreement, one quarter of coverage certified
by the United States agency shall equal one quarter of coverage credited
under French laws.
ARTICLE 9
Benefits which are awarded by an agency of a Contracting State in accordance
with the Agreement shall be revalued according to the same provisions
as benefits awarded in accordance with the laws of that Contracting State.
ARTICLE 10
- Benefits payable by an agency of a Contracting State shall be paid
directly to the beneficiary in accordance with the laws of that Contracting
State.
- Laws of a Contracting State which provide for reduction, suspension,
or termination of benefits to take account of other social security
benefits or other income may be applied to beneficiaries even if benefits
are being paid by virtue of the laws of the other Contracting State
or if the individual receives income in the territory of the other Contracting
State.
- Notwithstanding paragraph 2, pro rata old-age, survivors, or disability
benefits payable by the agency of one Contracting State in accordance
with Part III of the Agreement shall not be reduced to take account
of pro rata benefits of the same type that are paid by an agency of
the other Contracting State.
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Part IV
Miscellaneous Provisions
ARTICLE 11
In accordance with measures to be agreed upon by the Competent Authorities
or, with their authorization, the liaison agencies, the agencies of the
two Contracting States shall communicate to each other, upon request and,
if necessary, through the liaison agencies, all available information
likely to affect a specified individual's benefits paid under the Agreement.
ARTICLE 12
- Where administrative assistance is furnished under Article 19, paragraph
1, of the Agreement, expenses other than regular personnel and operating
costs of the agencies providing the assistance shall be reimbursed by
the agency which requested it.
- 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.
- Where the agency of a Contracting State requires that a person in
the territory of the other Contracting State who is receiving or applying
for benefits under the Agreement submit to a medical examination, such
examination, if requested by that agency, shall be arranged by the agency
of the other Contracting State in accordance with the rules of the agency
making the arrangements and at the expense of the agency which requests
the examination.
- Amounts owed under paragraph 1 or 3 shall be reimbursed upon presentation
of a statement of expenses.
ARTICLE 13
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 form to be agreed upon by the Competent Authorities or
the liaison agencies.
ARTICLE 14
Unless otherwise required 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 15
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.
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Done at Washington, D.C., on Oct. 21, 1987,
in duplicate, in the English and French languages, both texts being equally
authentic.
FOR THE UNITED STATES COMPETENT AUTHORITY:
Otis R. Bowen, M.D.
Dorcas R. Hardy
FOR THE FRENCH COMPETENT AUTHORITIES:
Jacquin de Margerie |
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