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Agreement and administrative arrangement both
signed at Athens June 22, 1993; entry into force September 1, 1994.
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Contents |
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AGREEMENT ON SOCIAL SECURITY
BETWEEN THE GOVERNMENT OF
THE UNITED STATES OF AMERICA
AND THE GOVERNMENT OF
THE HELLENIC REPUBLIC
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The Government of the United States of America
and
the Government of the Hellenic 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 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 Greece, a citizen of Greece;
- "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 Greece, the Ministry of Health, Welfare and Social Security;
- "Agency" means,
as regards the United States, the Social Security Administration,
and
as regards Greece, the institution which is responsible for implementation
of the laws specified in Article 2;
- "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 or a period of insurance 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; and
- "Benefit" means any benefit provided for in the laws
specified in Article 2 of this Agreement.
- Any term not defined in this Article 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 Greece,
--The general legislation on Social Security for employed persons
and persons treated as such, legislation concerning special Social
Security systems that cover specific categories of employed persons
and persons treated as such, and for self-employed persons and professionals
and for farmers,
--For the purposes of implementing paragraph 3 of Article 3 of
this Agreement, the special systems that cover seafarers and civil
servants.
- Unless otherwise provided in this Agreement, the laws referred
to in paragraph 1 shall not include treaties or other international
agreements or supranational legislation on Social Security that may
be concluded between one Contracting State and a third State, or laws
or regulations promulgated for their specific implementation.
- This Agreement shall also apply to future laws which amend or supplement
the laws specified in paragraph 1 of this Article.
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 and
- Other persons with respect to the rights they derive from the persons
mentioned in subparagraph (a).
- (a) A person who is or has been subject to the laws of one Contracting
State and who resides within the territory of the other Contracting
State shall, together with his dependents, receive equal treatment with
nationals of the other Contracting State in the application of its laws.
(b) This paragraph shall be applied by the United States in a manner
consistent with section 233(c)(4) of the United States Social Security
Act.
- Unless otherwise provided in this Agreement, any provision of
the laws of a Contracting State which restricts entitlement to
or payment of old-age, survivors or disability 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 Article, 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.
- Where a person who is normally employed in the territory
of one Contracting State by an employer in that territory is sent by
that employer to the territory of 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 territory of the
first Contracting State, provided that the period of employment in the
territory of the other Contracting State is not expected to exceed five
years. For purposes of applying this paragraph in the case of an employee
who is sent from the territory of the United States by an employer in
that territory to the territory of Greece, that employer and an affiliated
company of the employer (as defined under the laws of the United States)
shall be considered one and the same, provided that the employment would
have been covered under United States laws absent this Agreement.
- Paragraph 2 shall apply where a person who has been sent
by his employer from the territory of a Contracting State to the territory
of a third State is subsequently sent by that employer from the territory
of the third State to the territory of the other Contracting State.
- A self-employed person who resides within the territory of a Contracting
State shall be subject to the laws of only that State.
- 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 a resident of the first Contracting State and according to
the provisions of this Article concerning employment in any other case.
- 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 States 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.
- (a) 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.
(b) 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 subparagraph
(a) shall be subject to the laws of only the first Contracting State.
For the purpose of this paragraph, employment by the United States Government
includes employment by an instrumentality thereof.
- 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.
Article 5
- In determining eligibility for voluntary insurance in accordance
with Greek laws, periods of coverage completed by a person under United
States laws shall be considered as periods of coverage completed under
Greek laws if the person fulfills the other requirements provided in
Greek laws.
- Law No. 1469/84 concerning voluntary coverage for Greek nationals
and foreign nationals of Greek origin under the Greek pension insurance
scheme shall apply to United States nationals where the person concerned:
- resides in the territory of the United States and has in the past
been compulsorily covered under the Greek pension insurance scheme;
or
- regardless of the place of residence, has previously either:
- resided in the territory of Greece for at least 10 years, whether
consecutive or not, after attainment of age 18 (or prior to attainment
of age 18, if the person was covered under the Greek pension insurance
scheme) or
- been covered under the Greek pension insurance scheme, whether compulsorily
or voluntarily, for a period of at least 1,500 days.
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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 which are credited under Greek 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 75 days of coverage certified by the agency of Greece;
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.
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Article 7
The following provisions shall apply to Greece:
- If a person is entitled to a Greek benefit without regard to the
provisions of paragraphs 2 and 3 of this Article, the amount of the
benefit shall be calculated according to Greek laws on the basis of
the periods of coverage completed under those laws.
- If no right to a Greek benefit exists on the basis of the Greek periods
of coverage, periods of coverage completed under United States laws
shall be added to them in order to establish the right to old-age, invalidity
and survivors benefits under Greek laws, insofar as these periods do
not coincide.
- If, according to the preceding paragraph, periods of coverage under
United States laws are taken into account to establish eligibility,
the benefit due under Greek laws shall be determined as follows:
- The competent Greek agency shall first calculate the amount of the
benefit which would have been awarded to the person concerned (theoretical
amount) if the periods of coverage completed under United States laws
and totalized according to the preceding paragraph to establish eligibility
for old-age, invalidity and survivors benefits, had been completed
under its own laws.
- For the calculation of the amount of the benefit, the competent
agency shall take into account the salary (earnings), income or contributions
paid during periods of coverage completed under Greek laws.
- If the amount, as determined above, is less than the minimum benefit
provided under Greek laws, the minimum benefit amount shall be taken
into account.
- If the benefit amount is not dependent on the length of the periods
of coverage, this amount shall be considered to be the theoretical
amount.
- Based on the amount calculated according to the preceding subparagraphs
of this paragraph, the competent agency shall calculate the partial
benefit payable by it according to the ratio between the length of
the periods of coverage completed under its own laws and the total
duration of the periods of coverage which have been taken into account.
- If the total length of the periods of coverage that are completed
under Greek laws for the calculation of a benefit do not amount to 300
days, and provided that no entitlement to a benefit under Greek laws
exists without applying the preceding paragraphs, no benefit shall be
payable under those laws.
- For the determination of the kind of benefit and the competent agency,
only Greek periods of coverage shall be taken into account.
- If the award of certain benefits under Greek laws depends on the condition
that periods of coverage be completed in a profession covered by a special
system, periods of coverage completed under the laws of the United States
in a respective special system or, in cases where no respective special
system exists, in the same profession or the same employment, shall
be taken into account for the award of these benefits.
If, taking into account the periods thus completed, the person concerned
does not meet the required conditions, these periods shall be taken
into account for the award of benefits under the general system.
- For the purposes of this Article:
- One quarter of coverage under United States laws shall equal 75
days of coverage under Greek laws.
- Four quarters of coverage under United States laws in a year shall
equal 300 days of coverage under Greek laws in that year.
- If a person who is entitled to a benefit resides in Greece, the total
amount of the benefit payable by the competent agencies of both Contracting
States may not be less than the minimum benefit provided under Greek
laws. If the total amount is less than the minimum benefit, the Greek
competent agency shall pay the difference.
- Provisions of Greek laws which provide for a reduction or suspension
of benefits on account of receipt of another benefit or income from
gainful activity shall be applied even if such other benefit is payable
under the laws of the United States or the income is derived from within
the territory of the United States.
- In determining whether a benefit shall be reduced or suspended in
accordance with paragraph 9, the Greek agency shall take into account
another benefit or income from gainful activity only in proportion to
the ratio between the Greek partial benefit referred to in paragraph
3(e) and the theoretical benefit amount referred to in paragraph 3(a).
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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 and designate liaison agencies;
- 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
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 11
- Where the laws of a Contracting State provide that any document which
is submitted to the Competent Authority or an 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 an 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 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 12
- 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 official language
of either Contracting State.
- An application or document may not be rejected by a Competent Authority
or agency of a Contracting State because it is in the official language
of the other Contracting State.
Article 13
- 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
an 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.
Article 14
- A written appeal against a decision made by an agency of one Contracting
State may be validly filed with an 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 an agency
of that Contracting State, but which is instead filed within the same
period with an agency of the other Contracting State, shall be considered
to have been filed on time.
Article 15
In any case to which the provisions of Article 14 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
liaison agency of the other Contracting State.
Article 16
- Payments under this Agreement may be made in the currency of the Contracting
State making the payments.
- Benefits payable under Greek laws or Greek benefits payable under
this Agreement to citizens or residents of the United States shall not
be subject to reduction or suspension because of any provision in Greek
laws or other Greek legislation or regulations that is designed to restrict
payments, remittances or transfers of funds or financial instruments
from Greece to locations outside the territory of Greece.
- Benefits under United States laws or United States benefits under
this Agreement shall be paid to Greek nationals outside the territory
of the United States in accordance with Article 11, paragraph 2, of
the United States-Greek Treaty of Friendship, Commerce and Navigation
signed August 3, 1951.
- 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.
Article 17
Any disagreement regarding the interpretation or application of this
Agreement shall be resolved by consultation between 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 if the person died before the entry into
force of the Agreement.
- In determining the right to benefits under this Agreement, consideration
shall be given to periods of coverage and other events which occurred
before the entry into force of this Agreement. However neither Contracting
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.
- In applying paragraph 2 of Article 4 in the case of persons who were
sent to the territory of 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.
- (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.
- 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.
- The provisions of Part III shall apply only to benefits for which
an application is filed on or after the date this Agreement enters 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 at Athens on June 22, 1993, in duplicate in the English and Greek
languages, the two texts being equally authentic.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
James A. Williams
FOR THE GOVERNMENT OF THE HELLENIC REPUBLIC:
Dimitrios Sioufas
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ADMINISTRATIVE
ARRANGEMENT
FOR THE IMPLEMENTATION OF THE AGREEMENT ON SOCIAL SECURITY
BETWEEN
THE GOVERNMENT OF
THE UNITED STATES OF AMERICA
AND THE GOVERNMENT OF THE HELLENIC REPUBLIC
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The Government of the United States of America and
the Government of the Hellenic Republic,
in conformity with Article 8(a) of the Agreement on Social Security of
this date between the Government of the United States of America
and the Government of the Hellenic Republic,
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 liaison agencies referred to in Article 8(a) of the Agreement
shall be:
- for the United States, the Social Security Administration;
- for Greece, the Social Security Institute.
- The liaison agencies designated in paragraph 1 shall agree upon the
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 4 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 Greece, by the Social Security Institute.
- 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.
Article 4
For the application of Article 5 of the Agreement, the United States
liaison agency, upon request of the Greek liaison agency, shall certify
to it the periods of coverage completed under United States laws.
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Chapter III
Provisions on Benefits
Article 5
- Applications for benefits under the Agreement shall be submitted
on forms to be agreed upon by the liaison agencies of the two Contracting
States.
- The agency of the Contracting State with which an application for
benefits is first filed in accordance with Article 13 of the Agreement
shall provide the liaison 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 an agency of the other Contracting State shall
without delay provide the liaison 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 liaison agencies of both Contracting States.
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Chapter IV
Miscellaneous Provisions
Article 6
In accordance with measures to be agreed upon pursuant to Article 2,
paragraph 2, of this Administrative Arrangement, the liaison agency of
one Contracting State shall, upon request of an 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 form to be agreed upon.
Article 8
- 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 liaison agencies of
the Contracting States.
- Upon request, the liaison agency of either Contracting State shall
furnish without cost to the liaison 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 liaison
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.
- The liaison agency of one Contracting State shall reimburse amounts
owed under paragraph 1 or 3 of this Article upon presentation of a statement
of expenses by the liaison agency of the other Contracting State.
Article 9
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 at Athens on June 22, 1993, in duplicate in the English and Greek
languages, the two texts being equally authentic.
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FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
James A. Williams
FOR THE GOVERNMENT OF THE HELLENIC REPUBLIC:
Dimitrios Sioufas
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