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Agreement signed at Washington May 23, 1973,
entered into force November 1, 1978; as amended by a supplementary
agreement signed at Rome April 17, 1984, entered into force January 1,
1986;
Administrative protocol signed at Rome November 22, 1977, entered
into force November 1, 1978; as amended by a supplementary agreement
signed at Rome April 17, 1984, entered into force January 1,
1986.
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Contents |
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AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND THE ITALIAN REPUBLIC
ON THE MATTER OF SOCIAL SECURITY
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The President of the United States of America
and
The President of the Italian Republic
Desirous of regulating the relations between the two States in the field
of social security, in accordance with the principles established under
Article VII of the Agreement signed at Washington, D.C., September 26,
1951, supplementing the Treaty of Friendship, Commerce and Navigation
between the United States of America and the Italian Republic signed at
Rome, February 2, 1948, have agreed to conclude an Agreement for that
purpose and have therefore appointed as their plenipotentiaries:
The President of the United States of America:
Caspar W. Weinberger,
Secretary of Health,
Education, and Welfare, and
The President of the Italian Republic:
Dionigi Coppo,
Minister of Labor and Social Welfare,
who, having exchanged their full powers, found to be in good and due
form, have agreed to the following provisions:
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General Provisions
Article 1
For purposes of the application of this Agreement:
- The term "territory" shall mean, as regards the United States
of America, the States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam and American Samoa; and as regards
the Italian Republic, Italy;
- The term "national" shall mean, as regards the United States
of America, "national of the United States" as defined in
Section 101, Immigration and Nationality Act of 1952, as amended; and
as regards the Italian Republic, an Italian national;
- The term "laws", unless otherwise qualified, shall mean
the laws, regulations, and any other measure concerning social security
specified in Article 2 of this Agreement;
- The term "competent authorities" shall mean the authorities responsible
for the administration of the laws, and specifically: in the case of
the United States of America: the Secretary of Health, Education, and
Welfare ("Ministro della Sanita, Educazione, e Previdenza
Sociale); in the case of the Italian Republic: the Minister of
Labor and Social Welfare (Ministro del Lavoro e della
Previdenza Sociale);
- The term "agency" shall mean for each Contracting State any agency,
body or authority entrusted with the administration of an insurance
system, under the laws specified in Article 2 of this Agreement;
- The term "periods of coverage" shall mean the periods of payment of
contributions or periods of earnings based on wages for employment or
self-employment income, as defined or recognized as periods of coverage
by the law under which such periods have been completed, or any similar
periods insofar as they are recognized by such laws as equivalent to
periods of coverage;
- The term "workers" shall mean persons who have periods of coverage;
- The term "family members" shall mean the persons defined as eligible
for benefits on the earnings record or periods of coverage of a living
worker, whichever is applicable, as established under the laws of each
of the Contracting States;
- The term "survivors" shall mean the persons defined as eligible for
benefits on the earnings record or periods of coverage of a deceased
worker, whichever is applicable, as established under the laws of each
of the Contracting States;
- The terms "benefits" and "pensions" shall mean any cash benefits payable
under the laws specified in Article 2 of this Agreement;
- The term "basic benefit amount" ("importo della prestazione")
shall mean, as regards the United States of America, "primary insurance
amount" as set forth in the table of benefits contained in section 215(a)
of title II or deemed to be contained in such section of the Social
Security Act of 1935, as amended, from which is derived by law the actual
amount of the benefit which is payable; and as regards the Italian Republic,
the amount of the benefit which is payable;
[In accordance with an exchange of notes dated January 16 and
20, 1978, between the United States Ambassador to Italy and the Italian
Minister of Foreign Affairs, beginning January 1, 1979, that portion
of Article 1.k which defines "basic benefit amount" with respect
to the United States of America shall be interpreted to mean:
"and as regards the United States of America, 'primary insurance amount'
based on a worker's average monthly earnings or average indexed monthly
earnings, as provided in section 215(a) of the Social Security Act as
amended by the Social Security amendments of 1977;"]
- The term "beneficiary" shall mean any worker, family
member or survivor who is entitled to benefits or pensions.
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Article 2
- For purposes of this Agreement the applicable laws relating to social
security for disability, old-age, and survivorship are:
- in the case of the Italian Republic, the legislation on compulsory
general insurance for old-age, disability and survivors, as well
as legislation providing benefits which are substitutes for benefits
provided by said compulsory general insurance;
- In the case of the United States, 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.
- Notwithstanding the provisions of paragraph 1, as regards the Italian
Republic, the present Agreement will be applied to legislation concerning
other social security systems for similar cases which will be indicated
by the competent authorities of the Italian Republic.
- This Agreement shall also apply to future laws amending or supplementing
the laws specified in this article.
Article 3
- The present Agreement shall apply to workers who have periods of
coverage under the laws, and to their family members or survivors.
- The present Agreement shall not apply to periods of service as a diplomatic
or career consular officer, or officer of a chancery, nor, except insofar
as provided under Article 2.2, to periods of service covered under special
systems for employees of the Government or of Government agencies or
instrumentalities ("enti pubblici").
Article 4
The persons to whom the provisions of this Agreement apply shall have
the same rights and obligations under the social security laws of each
Contracting State under the same conditions as if such persons were covered
solely under the social security laws of such State, whether they reside
in the territory of a Contracting State or in a third State.
Article 5
For the purposes of eligibility for voluntary or optional insurance,
in accordance with the provisions of the laws of a Contracting State,
the periods of coverage completed under the laws of such State shall be
combined, where necessary, with the periods of coverage completed under
the laws of the other State.
Article 6
Except as otherwise provided in this Agreement, the persons eligible
for benefits under the laws of one Contracting State, including benefits
arising under this Agreement, shall receive them fully and without limitation
or restriction while they reside in the territory of the other State.
Such benefits shall be paid by each State to persons to whom the provisions
of this Agreement apply who reside in a third State on the same terms
and to the same extent that such benefits would be paid if such persons
had been covered entirely under the social security laws of the paying
State.
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Provisions Relating to the Applicable Laws
Article 7
- Persons to whom this Agreement applies who are employed or self-employed
(che svolgono la loro attivita) within the territory of one of the Contracting
States shall be subject to the laws of such State, except as otherwise
provided in this Article.
- Services performed by a United States national in Italy which are
covered under the laws of the United States shall remain covered under
the laws of the United States.
- Services performed by an Italian national in the United States for
an Italian employer or for an enterprise controlled by an Italian firm
shall be covered under the laws of Italy.
- With respect to any services which are subject to the laws of both
States, the following rules will be applied:
- a national of one of the States who, with respect to the same period
of work, would be subject to the laws of both States shall remain
subject for such period to the laws of the State of which he is a
national and shall be exempt from the laws of the State of which he
is not a national;
- a national of Italy or a national of both States who, with respect
to the same period of work, would be subject to the laws of both States
shall, for such period, elect to remain subject to the laws of one
of the States and shall be exempt from the laws of the other State;
- a person who is not a national of either State and who, with respect
to the same period of work, is subject to the laws of both States
shall be subject, for such period, to the laws of the State in which
the work is performed and shall be exempt from the laws of the other
State.
- The exemptions provided under this Article shall be effective when
the agency of the State in which the periods of work are covered pursuant
to paragraph 4 certifies to the agency of the other State that
such periods of work are covered under its laws.
- The competent authorities of the two States may agree in the interest
of a worker or on behalf of categories of workers to other exceptions
to the rule provided in paragraph 1.
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PART
III
Special Provisions Disability, Old-Age, and Survivorship
Article 8
- With respect to a period of work which results in a period of coverage
under the laws of both Contracting States, the agency of each State
shall for purposes of Article 8.2 and Article 8.4 take into consideration
the period of coverage which results under the laws of that State.
- If the laws of one State require completion of periods of coverage
as a prerequisite for the acquisition, retention, or recovery of the
right to benefits, the agency which applies such laws shall take into
consideration, for such purpose, insofar as necessary, the periods of
coverage completed under the laws of the other State, as if these were
periods of coverage completed under the laws of the first State. Such
agency shall take into consideration all the periods of coverage required
to ensure the right to the fullest benefits provided for by the laws
which it applies.
- If the laws of a State establish as a condition for receiving certain
benefits that the periods of coverage be completed in a given profession
or occupation which is subject to a special system of insurance, in
determining eligibility for such benefits only the periods completed
under a corresponding system of the other State or, failing that, in
the same profession or occupation -- even if a special system for said
profession or occupation does not exist in the other State -- shall
be counted. If the total of such periods of coverage does not result
in entitlement under the special system, such periods shall be used
to determine eligibility for benefits of the general system of insurance
or some other applicable system of insurance; provided, however, that
the provisions of this paragraph shall apply only when they would result
in payment of the highest possible benefit amount.
- When entitlement to a benefit under the laws of one Contracting State
is established in accordance with the provisions of paragraph 2, the
agency of that State shall determine the theoretical basic benefit amount
by considering all the periods of coverage completed under the laws
of both States as if they had been completed exclusively under its own
laws. That agency shall then establish the pro rata benefit amount on
the basis of the theoretical basic benefit amount by applying the ratio
of the total periods of coverage completed under the laws which it applies
to the total of all the periods of coverage completed under the laws
of the two States.
- The agency of Italy shall not be obliged to apply the provisions of
this Article in the case of a worker who has less than one year of coverage
under the Italian law; the agency of the United States shall not be
obliged to apply the provisions of this Article in the case of a worker
who has less than 6 quarters of coverage under the United States law.
- Where a worker's periods of coverage are less than the minimum period
required by paragraph 5 under the laws of one State, those periods of
coverage will nevertheless be considered by the agency of the other
State as if they were periods of coverage under its own laws in order
to both establish the right to benefits under paragraph 2 and the amount
of the benefit under paragraph 4, provided that:
- The worker has the minimum period required by paragraph 5 under
the laws of the other State; and
- The individual claiming benefits based on the periods of coverage
of the worker is not eligible for a benefit based on those periods
of coverage under the laws of the other State without recourse to
totalization under paragraph 2.
Article 9
- When a worker, family member or survivor satisfies the conditions
imposed by the laws of a Contracting State for eligibility to benefits
without the need to invoke the provisions of Article 8.2, the agency
of that State shall pay benefits solely on the basis of the periods
of coverage completed exclusively under its own laws.
- When a person entitled to a pro rata benefit from a Contracting State
in accordance with Article 8.2 of the Agreement subsequently satisfies
the requirements for entitlement to an equal or higher benefit from
the same State in accordance with Article 9.1, payment of the pro rata
benefit shall terminate, either automatically or upon request, in which
case the benefit established on the basis of Article 9.1 shall be paid.
[Paragraphs 3, 4 and 5 deleted effective January 1, 1986.]
Article 10
- For purposes of the computation of the theoretical basic benefit amount,
the agency of each Contracting State shall take account of a worker's
earnings in the other State in the following manner:
- as regards the agency of the United States, the earnings in any
year to be taken into consideration for periods of coverage completed
under Italian laws shall be the equivalent of the earnings credited
under the system of insurance in Italy for such year, subject to the
maximum creditable earnings limitation under the laws of the United
States for such year.
- as regards the agency of the Italian Republic, for the periods of
coverage completed under the laws of the United States there shall
be credited the average salary or average contributions derived exclusively
from the salary received or the credited contributions resulting from
the periods of coverage completed under the laws of Italy.
- If, under the laws of one State, the amount of benefits varies according
to the number of family members or survivors, the agency of such State
shall also take into account family members or survivors who are residing
in the territory of the other State.
- When entitlement to a benefit under the laws of the United States
is established in accordance with the provisions of Article 8.2, the
requirements of Article 8.4 and Article 10.1a shall be considered to
be met if the agency of the United States: (a) computes the theoretical
basic benefit amount in accordance with United States laws, based on
the worker's periods of coverage and average earnings credited exclusively
under United States laws, and (b) computes the pro rata benefit amount
by applying to the theoretical basic benefit 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 as determined in accordance
with United States laws.
Article 11
- Upon application, benefits awarded under the provisions of Article
8.4 shall be recomputed by both States in accordance with the provisions
of Article 8.4 to take into account additional periods of coverage completed
under the laws of either Contracting State.
- For the purpose of recomputing United States benefits awarded under
the provisions of Article 8.4, the requirements of paragraph 1
shall be considered to be met if the agency of the United States recomputes
the theoretical basic benefit amount and pro rata benefit amount in
accordance with Article 10.3(a) and (b) to take into account additional
periods of coverage completed under United States laws.
[Paragraph 3 deleted effective January 1, 1986.]
Article 12
If the beneficiary becomes eligible under Article 8 for benefits paid
by the agencies of both Contracting States and if the amount of such combined
benefits is less than the benefit amount which would be payable, based
on the minimum basic benefit amount, to such beneficiary by the agency
of the State in which he resides, the agency of that State shall, at its
own expense, pay the difference between the amount of such combined benefits
and the amount of benefits which would be payable to such beneficiary
based on such minimum basic benefit amount.
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Miscellaneous, Transitory, and Final Provisions
Article 13
The competent authorities and agencies of the two Contracting States
shall assist each other in applying the present Agreement as if they were
applying their respective laws; such reciprocal assistance shall be free
of charge.
Article 14
- The competent authorities of the two Contracting States shall by mutual
agreement establish such administrative procedures as may be required
to implement this Agreement and each competent authority shall designate
one coordinating agency or organization to facilitate the application
of this Agreement.
- The competent authorities of the two States shall communicate to each
other all information relating to regulations, administrative procedures,
and amendments to their laws which may affect the application of this
Agreement.
Article 15
The diplomatic and consular authorities of each Contracting State shall
be empowered to address themselves directly to the competent authorities
or agency of the other State in order to obtain useful information for safeguarding
the interests of their own nationals, and may represent them without special
mandate. Article 16
- Exemptions from duties, taxes, and fees provided for by the laws of
either State shall also be valid for the application of the present
Agreement, irrespective of the nationality of the beneficiaries.
- The requirements imposed by the laws or regulations of either Contracting
State relating to the certification ("legalizzazione")
of all certificates or other documents shall be applied in respect to
all certificates or other documents which must be presented for purposes
of the application of this Agreement.
- The certification as to the authenticity of a certificate or document,
or a copy thereof, by the competent authorities or agency of one State
shall be accepted as authentic by the competent authorities or agency
of the other State.
Article 17
The competent authorities and the designated coordinating agencies or
organizations of the two Contracting States may correspond directly with
each other and with any persons wherever they may reside, whenever such
correspondence is necessary for the administration of this Agreement.
Correspondence may be drafted in the writer's official language.
Article 18
The petitions which the beneficiaries address to the competent authorities
or agency of either Contracting State for the application of the present
Agreement may not be rejected merely because they are written in the official
language of the other State.
Article 19
- The applications and other documents presented in writing to the
Competent authorities or agency of either Contracting State shall have
the same effect as if they were presented to the corresponding authorities
or agency of the other State.
- An application for benefits filed with the competent authorities
or agency of one State is to be considered as an application for the
payment of benefits by the agency of the other State, if the applicant
explicitly requests that his application be so considered.
- An appeal which must be filed within a given period of time with the
competent authorities or agency of one of the States shall be considered
to have been filed within such time limit if the appeal has been filed
within such a period of time with the competent authorities or agency
of the other State. In such case the authorities or agency with which
an appeal is filed shall without delay transmit the said appeal to the
competent authorities or agency of the other State, and acknowledge
to the appellant that the appeal has been received.
Article 20
- The competent authorities of the two Contracting States shall jointly
establish procedures to resolve any problems or disagreements which
may arise with regard to the application or interpretation of the present
Agreement.
- The competent authorities of the two States shall establish a permanent
arbitration procedure for the consideration and resolution of any problems
or disagreements which cannot be resolved under procedures established
in accordance with paragraph l. The arbitral body established under
this paragraph shall settle questions referred to it in accordance with
the principles of this Agreement. Decisions of the arbitral body shall
be final and binding for purposes of the question referred to it, on
the competent authorities and agencies of both States.
- The arbitral body established under paragraph 2 shall consist of three
members. The competent authorities of the two States shall each designate
one member. The third member shall be designated by agreement of the
two competent authorities.
Article 21
- Pending the final determination of a beneficiary's rights under this
Agreement, including settlement of any question under Article 20 between
the competent authorities and agencies of the two Contracting States,
the beneficiary whose rights are involved shall be awarded provisional
benefits in accordance with this Article until such time as such determination
has been made.
- Each agency shall award the beneficiary, as provisional benefits,
the benefits, if any, to which he would be entitled under its own laws
or under this Agreement.
- a. The agencies of both States shall establish procedures for adjusting
their respective liabilities for benefits during the period in which
provisional benefits were paid pending the final determination referred
to in paragraph 1.
b. In giving effect to such procedures, the agency of either State
shall withhold from payments it makes, based on the rights of a beneficiary
as finally determined, amounts permitted by the laws of that State sufficient
to reimburse the agency of the other State for amounts paid as provisional
benefits in excess of the amounts finally awarded to such beneficiary.
Article 22
- The agencies of the Contracting States, which have obligations relating
to benefits to be paid in the other State under the present Agreement,
shall validly discharge such obligations in the currency of their own
State.
- In case provisions designed to restrict the exchange of currencies
are issued in either State, both Governments shall immediately adopt
the necessary measures to insure, in conformity with the provisions
of the present Agreement, the transfer of sums owed by either party.
Article 23
- The provisions of this Agreement shall apply to any application for
benefits (including a new application of an individual who has previously
applied for benefits) which is filed on or after the date this Agreement
enters into force.
- In the application of the present Agreement, the periods of coverage
completed prior to its entry into force shall be taken into consideration
except that neither Contracting State shall take into account periods
of coverage occurring prior to the effective date of its laws.
- If previous claims were satisfied through a lump-sum payment because
of insufficient periods of coverage and if, with the application of
the provisions of this Agreement, the beneficiary meets the conditions
required for receiving a pension, he may request a review of action
taken on his case.
- This Agreement shall not result in the payment of benefits for periods
prior to the date of its entry into force.
Article 24
- This Agreement shall be ratified and the instruments of ratification
shall be exchanged as soon as possible.
- This Agreement shall enter into force on the first day of the month
following the month in which the instruments of ratification are exchanged.
- a. This Agreement may be amended from time to time by supplementary
agreements which shall take effect on the first day of the month following
the month in which the instruments of ratification of such supplementary
agreements are exchanged; provided, however, that nothing in this paragraph
shall be construed to prevent such supplementary agreements from being
given retroactive effect if they so specify.
b. Any supplementary agreement which takes effect under the terms
of this paragraph shall be deemed thereafter for purposes of this Article
to be an integral part of this Agreement.
c. A meeting for the consideration of a supplementary agreement shall
be called at the request of the competent authorities of either State.
- This Agreement shall remain in force and effect until the expiration
of one calendar year following the year in which written notice of its
renunciation is delivered to the competent authorities of one Contracting
State by the competent authorities of the other State.
- If this Agreement is renounced, rights acquired shall be retained
under the provisions of this Agreement and rights in the process of
being acquired shall be recognized in conformity with supplementary
agreements.
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DONE in Washington on this twenty-third day
of May, 1973, in duplicate, in English and Italian, the two texts being
equally authentic.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
Caspar W. Weinberger
FOR THE GOVERNMENT OF THE ITALIAN REPUBLIC:
Dionigi Coppo
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ADMINISTRATIVE PROTOCOL FOR THE IMPLEMENTATION
OF THE AGREEMENT ON SOCIAL SECURITY
between the
UNITED STATES OF AMERICA
and the
ITALIAN REPUBLIC
signed at Washington, D.C. on May 23, 1973
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Part I
GENERAL PROVISIONS
Article 1
DEFINITIONS
For the purposes of the application of the Agreement and this Protocol:
- The term "Agreement" means the Agreement between the United
States of America and the Italian Republic on the matter of Social Security
signed at Washington, D.C., on May 23, 1973;
- The term "claimant" means a worker, family member, or survivor
who has filed an application for benefits under the laws of either State
or of both States;
- The term "provisional benefits" means any benefit to which
a claimant may be entitled before a final determination as to the claimant's
rights has been made;
- The terms defined in Article 1 of the Agreement shall have the meaning
given to them by the said Article.
Article 2
AGENCIES RESPONSIBLE FOR IMPLEMENTATION
- The agencies responsible for applying this Protocol are:
- For the United States of America:
The Social Security Administration;
- For the Italian Republic:
- I.N.P.S. (Istituto Nazionale della Previdenza Sociale), General
Directorate, Rome, for matters concerning disability, old-age and
survivors insurance of employees, farmers, agricultural workers
and sharecroppers, artisans, and businessmen;
- E.N.P.A.L.S. (Ente Nazionale di Previdenza e Assistenza per i
Lavoratori dello Spettacolo), General Directorate, Rome, concerning
disability, old-age and survivors insurance for workers in the entertainment
business;
- I.N.P.D.A.I. (Istituto Nazionale di Previdenza per i Dirigenti
di Aziende Industriali), General Directorate, Rome, concerning disability,
old-age and survivors insurance for managerial personnel in industry;
- I.N.P.G.I. (Istituto Nazionale di Previdenza per i Giornalisti
Italiani), General Directorate, Rome, concerning disability, old-age
and survivors insurance for professional journalists.
- The coordinating agencies designated under Article 14.1 of the Agreement
to facilitate its application are:
- For the United States of America:
The Social Security Administration;
- For the Italian Republic:
The Istituto Nazionale della Previdenza Sociale General Directorate,
Rome.
- In carrying out their responsibilities under Article 14.1 of
the Agreement, the Coordinating Agencies designated in
paragraph 2 of this Article shall be responsible for the
development of uniform policies and procedures and their uniform
implementation by the Agencies in their respective States; for
providing a channel of communication between the Agencies of one
State and the Agencies of the other State; for determining which
Agency is competent for the determination of a particular claim;
and for facilitating the resolution of any issues that arise
between the Agencies of the two States that cannot be resolved
directly.
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Part II
PROVISIONS RELATING TO APPLICABLE LAWS
Article 3
COVERAGE AND EXEMPTIONS
- The Agency of the State under whose laws the services of a worker
will remain covered in accordance with paragraphs 2, 3, or 4 of Article
7 of the Agreement shall issue to the worker, his employer, or the Agency
of the other State, a certificate to that effect when requested to do
so by the worker, his employer, or the Agency of the other State.
- An exemption from the laws of one of the States, as provided for in
Article 7.4 of the Agreement, shall apply to the period of work for
which the certificate referred to in paragraph 1 of this Article was
issued.
- An election provided for in Article 7.4b of the Agreement or in this
paragraph shall be exercised within 3 months following the month in
which a period of work for any employer begins or the right to amend
the election arises. The election shall be binding with respect to that
period of work. In the case of an Italian national who is not a national
of both States, any such election may be amended during the second year
after the beginning of the period of work and the election as amended
shall be applicable from the date it is made for future periods of work
where Article 7.4b of the Agreement applies; except that such an Italian
national shall be afforded the opportunity to further amend his election
if he subsequently acquires or loses the status of permanent resident
of the United States.
- The obligation for payment of contributions and taxes in respect of
old-age, survivors, and disability insurance of the United States of
America shall be subject to the provisions of Chapter 2 and Chapter
21 of the Internal Revenue Code of 1954, as amended.
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Part III
APPLICATION OF PARTICULAR PROVISIONS OF THE AGREEMENT
REGARDING DISABILITY, OLD-AGE, AND SURVIVORS INSURANCE
Article 4
FILING AND PROCESSING CLAIMS
- Claimants may avail themselves of their right to benefits under Articles
8 to 12 of the Agreement by filing an application with an Agency of
either State, according to the rules of that Agency. Such application
must specifically express intent to claim benefits from the Agency of
the other State. An application with a Consulate of the United States
of America located in the Italian Republic shall be deemed to be filed
with the Agency of the United States of America; however, the Consulate
of the United States of America with which the application was filed
shall transmit, without delay, a copy thereof to the Italian Agency.
- The date an application referred to in paragraph 1 is filed with
the Agency of one State shall be recognized as the date of filing by
the Agencies of both States; however, the claimant may request that
an application be effective on a different date in the other State,
within the limitations of and in conformity with the laws of the other
State.
- The Agency with which a claim was first filed shall transmit without
delay to the Agency of the other State applications and other forms
agreed upon by the Competent Authorities of the two States. Such forms
shall contain all available information considered necessary to credit
periods of coverage completed in both States, and such other information
for determining a claimant's entitlement to benefits and the amount
of benefits, including earnings amounts needed for its own calculations
by the U.S. Coordinating Agency. Earnings amounts provided by the Italian
Agency for years in which coverage is reported in terms of contributions
and not in terms of earnings may be amounts derived by converting contributions
made by workers into earnings amounts, using conversion tables agreed
upon by the Competent Authorities of both States. In the case of an
application for a disability benefit or, when necessary for a survivor's
benefit, the relevant medical documentation which the Agency has in
its possession shall be enclosed with the application form. The data
on applications and forms shall be duly authenticated by the Agency
that transmits the forms, and data on the authenticated forms shall
be accepted as valid as the data on the original documents from which
the data were extracted.
- The Agency of a State which receives an application filed in the other
State shall transmit without delay to the Agency of the other State
the earnings information and other information referred to in the preceding
paragraph.
- The Agency of each State after determining the benefit amount due
a claimant under the Agreement shall promptly advise the Agency of the
other State of the benefit amount.
- Each Agency shall be the final judge of the quality or probative value
of documentary evidence presented to it from whatever source.
- The limitations and restrictions mentioned in Article 6 of the Agreement
refer only to limitations and restrictions on payment of benefits based
solely on the physical presence or residence of the beneficiary.
Article 5
[Deleted effective January 1, 1986.]
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Article 6
RECOVERY OF OVERPAYMENTS
-
Whenever the Agency of one State has paid provisional
benefits under paragraphs 1 and 2 of Article 21 of the Agreement to
an individual in excess of the amount to which the individual is entitled
under terms of the Agreement, the Agency may, within the conditions
and limits prescribed by its laws, request the Agency of the other
State to deduct the amount of the overpayment from the benefits which
may later be payable by the other Agency to that individual, within
the limits and conditions prescribed by the law under which it operates.
-
When Agencies of both States have overpaid benefits
to the same individual, an Agency may give precedence to recovery
of the overpayment under its laws.
-
The Competent Authorities of both States shall establish
by common agreement procedures for processing amounts of overpaid
provisional benefits recovered by each State on the account of the
other during the calendar year.
Article 7
MEDICAL EXAMINATIONS FOR DISABILITY
- In making a determination of the degree of disability of a claimant
or of a beneficiary for a benefit based on a disability, the Agency
of each State shall take into account any medical findings provided
by the Agency of the other State. This shall be without prejudice to
the right of the Agency of each State to have the claimant examined
by a qualified physician.
- The Agency of one State shall make available to the Agency of the
other State, at its request, any medical information and documentation
concerning the claimant which may be in its possession.
- Where the Agency of either State requires that the claimant submit
to a medical examination, such examination shall if requested be arranged
by the Agency of the State in which the claimant resides at the expense
of the Agency which requests the examination. Where such a medical examination
has been secured for its own purposes by an Agency which receives such
a request, it shall furnish a report of the examination without expense
to the other Agency.
Article 8
[Deleted effective January 1, 1986.]
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PART IV
MISCELLANEOUS AND FINAL PROVISIONS
Article 9
EXCHANGE OF INFORMATION
- The Competent Authorities of the two States shall develop operating
procedures and forms for the implementation of the Agreement and shall
establish by common agreement procedures for the expeditious processing
of claims filed under the Agreement.
- The Competent Authorities of the two States shall meet to establish
procedures for the implementation of Article 12 of the Agreement.
- At the specific request of the Agency of one State, the Agency of
the other State shall furnish information or copies of documents available
to it relating to any specified claimant.
Article 10
APPEALS
- An appeal from a decision of the Agency of one State may be filed
with the Agency of either State for the purpose of protecting the filing
date.
- The Agency with which an appeal is filed shall notify the Agency
of the other State if it is determined to be an appeal from a decision
of the other State. The State whose decision is being appealed shall
follow its normal appellate process on an appeal, and shall notify the
other State of its decision.
Article 11
CONFIDENTIALITY OF EXCHANGED INFORMATION
- The use of information furnished by one State to another with regard
to an individual shall be governed by this Article.
- Any information transmitted by one State to the other State about
an individual shall be treated as confidential by the other State and
its officials receiving such information, including the officials mentioned
in Article 15 of the Agreement, and shall be used exclusively for purposes
of the implementation of the provisions contained in the Agreement and
this Protocol or for the purpose of administering other benefit programs
under the legislation of the other State.
- The term "information" includes, but is not limited to, application
forms, documentary evidence, medical evidence, certificates of election,
any other papers furnished by an individual, notices to an individual,
and all records, in whatever form, furnished by one State to the other
which contain information concerning an individual, his earnings, the
names of his employers, his present or past whereabouts, or his medical
condition.
- Use of information which does not pertain to or which does not identify
a specific individual, such as in the case of statistical or research
reports, shall be governed by the legislation or regulations of the
respective States.
- The right of an individual to inspection of records containing information
pertaining to him shall be governed by the legislation or regulations
of the State where the record is maintained.
Article 12
ENTRY INTO FORCE
This Administrative Protocol shall enter into force on the date the Agreement
enters into force and shall be coterminous with that Agreement.
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Done in Rome, November 22, 1977, in duplicate
originals in the English and Italian languages each equally valid.
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for the United States of America:
Joseph A. Califano, Jr.
for the Italian Republic
Tina Anselmi
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