BASIC (09-82)

A. German agreement alien exception provisions - Listing code 994

The agreement with Germany exempts certain beneficiaries from suspension under the alien nonpayment provisions. This includes all totalization and RSDI beneficiaries who:

1. Are:

   1. German nationals, or

   2. Refugees, or

   3. Stateless persons, or

   4. Aliens entitled on the records of workers who are (or were at the time of death) nationals of the United States and Germany, refugees, or stateless persons; and

2. Ordinarily reside in the United States or West Germany, including West Berlin.

NOTE: German nationals meet alien exception 5. When residence in Germany is established for an alien beneficiary who meets no other exception to 202(t), the authorizer lists the case under listing code 994 (Alien Exception A - International Agreement Exception) . The listing also shows the country of residence.

B. Swiss agreement alien exception provisions - Listing code 994

The agreement with Switzerland excepts certain beneficiaries from suspension under the alien nonpayment provisions. This includes all totalization and RSDI beneficiaries who are:

1. Nationals of Switzerland, or

2. Refugees who reside in Switzerland, or

3. Stateless persons who reside in Switzerland, or

4. Swiss residents who are:

   1. Entitled as auxiliaries on the record of NH's in categories 1 through 3, or

   2. Entitled as survivors of United States or Swiss nationals, or

   3. Entitled as survivors of refugees or stateless persons who were residents of Switzerland at the time of death.

NOTE: Swiss nationals meet alien exception 6. When residence in Switzerland is established for an alien beneficiary who meets no other exception to 202(t), the authorizer lists the case under listing code 994 (Alien Exception A - International Agreement Exception) . The listing also shows the country of residence.

C. Determinations of residence

Forms EF—101 or A-101 display the remark, “202(t) exception A” for a beneficiary who meets no other exception to the alien nonpayment provision and is being paid because he or she resides in the appropriate country of agreement. As long as the beneficiary resides in that country, he or she can be paid under alien exception “A.” Therefore, determinations of residence must be made for beneficiaries who meet no other exception.

When residence is established, the CS or BA lists the case under Listing Code 994 (Alien Exception A - International Agreement Exception) prepare special messages to MBR, “Refer to BA if beneficiary moves from (country of agreement) - Alien Exception A case.”

NOTE: Because of the provisions discussed above, it is especially important that we know a beneficiary's actual place of residence at all times. Many change-of-address actions are input by district offices (DO), Federal Benefits Units (FBU), and the mailroom in the Division of International Operations (DIO). These offices may not always be aware that totalization benefits are being paid or that a beneficiary's place of residence may be material to the payment of his benefits. Therefore, carefully examine all change-of-address output from the change of address and POS programs which involve regular or totalization benefits to ensure that no additional action, as explained in the following sections, is required.