POMS Reference

RS 01901: Coverage and Exceptions

TN 22 (04-01)

Citations:

Section 210(a), 210(c), and 210(d) of the Social Security Act

A. POLICY

Service is covered employment if performed on or in connection with an American vessel or American aircraft if the:

  • employment is on or in connection with the vessel or aircraft when outside the U.S.; and

  • service is performed under a contract entered into in the U.S., or, during the performance of the contract, the vessel or aircraft on which the service is performed touches at port, including an airport, in the U.S.

B. DEFINITIONS

1. American Vessel

A vessel that is:

  1. documented or numbered under the laws of the U.S.; or

  2. not documented under the laws of any country when the crew is employed solely by:

    • one or more citizens or residents of the U.S.; or

    • one or more corporations organized under the laws of the U.S. or any State.

2. American Aircraft

An aircraft registered under the laws of the U.S.