U.S.-French Social Security Agreement

Agreement signed at Paris March 2, 1987; and Administrative arrangement signed at Washington October 21, 1987;
Both entered into force July 1, 1988.

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Contents

Principal Agreement
Part I - General Provisions
Part II - Provisions on Coverage
Part III - Provisions on Old-age, Survivors and Invalidity Benefits
Part IV - Miscellaneous Provisions
Part V - Transitional and Final Provisions
Administrative Arrangement

AGREEMENT ON SOCIAL SECURITY
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE FRENCH REPUBLIC


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:

 

PART I

GENERAL PROVISIONS

Article 1

For purposes of this Agreement:

  1. "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;

  1. "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;

  1. "Laws" means the laws and regulations specified in Article 2;
  1. "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;

  1. "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;

  1. "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;
  1. "Benefit" means any contributory benefit in cash or in kind provided for in the laws of either Contracting State;


  2. "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;


  3. "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;


  4. Any term not defined in this Article shall have the meaning assigned to it in the laws which are being applied.


Article 2

  1. For the purpose of this Agreement, the applicable laws are:

    1. As regards the United States, the laws governing the Federal old-age, survivors, and disability insurance program:

      1. 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


      1. Chapter 2 and Chapter 21 of the Internal Revenue Code of 1986 and regulations pertaining to those chapters;
    1. As regards France,

      1. laws establishing the administrative organization of social security programs;

      2. laws establishing the social insurance system for nonagricultural employees and laws establishing the social insurance system for agricultural employees;

      3. 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;


      4. laws on family benefits;

      5. 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;


      6. the law on the system for seamen;


      7. laws concerning sickness and maternity insurance for nonagricultural self-employed workers and laws concerning sickness and maternity insurance for agricultural self-employed workers;


      8. 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.


  1. 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.


  2. 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.


  3. 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

  1. 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


  2. 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.

PART II

PROVISIONS ON COVERAGE

Article 5

  1. 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.

  2. 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

  1. 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.

  2. 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.


  3. 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.


  4. 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

  1. 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.


  2. 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.


  3. 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.


  4. 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

  1. 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.


  2. 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.

 

PART III

Provisions on Old-age, Survivors and Invalidity Benefits


Chapter 1
General Provisions

Article 11

  1. 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.

  2. 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.

Chapter 2


PROVISIONS APPLICABLE TO THE UNITED STATES

Article 12

  1. 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.

  2. 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.

  3. 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.

  4. 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.


  5. The provisions of this Article and Article 11, paragraph 1, shall apply to persons without regard to their nationality.

Chapter 3


PROVISIONS APPLICABLE TO FRANCE

Article 13

  1. 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.


  2. 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.

  3. (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).

  4. (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.

     

  5. 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:


    1. 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.

    2. Award of the benefit


      1. 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.


      2. 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.


      3. 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.


  6. 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

  1. 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.


  2. 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.


  3. Notwithstanding the provisions of Article 11, paragraph 2:
    1. 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.


    2. The allowances for dependent children provided by the special French laws for mine workers shall be paid according to the conditions specified therein.


    3. 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.

 


PART IV


MISCELLANEOUS PROVISIONS

Article 19

  1. 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.


  2. The Competent Authorities of the two Contracting States shall:


    1. Conclude an Administrative Arrangement and make such other arrangements as may be necessary for the application of this Agreement;

    2. Communicate to each other information concerning the measures taken for the application of this Agreement; and

    3. Communicate to each other, as soon as possible, information concerning all changes in their respective laws which may affect the application of this Agreement.


  3. Liaison agencies for the implementation of this Agreement shall be designated in the Administrative Arrangement.

 

Article 20

  1. 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.


  2. An application or document may not be rejected because it is in an official language of the other Contracting State.


  3. 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.


  4. 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.


  5. 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

  1. 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.

  2. 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.


  3. 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

  1. Payments under this Agreement may be made in the currency of the Contracting State making the payment.


  2. 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

  1. 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.

  2. 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.

PART V


TRANSITIONAL AND FINAL PROVISIONS

Article 27

  1. 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.


  2. 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.


  3. 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.


  4. This Agreement shall not result in the reduction of any cash benefit to which entitlement existed prior to its entry into force.


  5. (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.


  6. (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.

  7. 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

  1. 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.


  2. This Agreement shall enter into force on the first day of the third month following the date of the last notification.


Article 29
  1. 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.


  2. 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.

 

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

 

 

ADMINISTRATIVE ARRANGEMENT

CONCERNING THE APPLICATION

OF THE AGREEMENT ON SOCIAL SECURITY

BETWEEN THE UNITED STATES OF AMERICA

AND

THE FRENCH REPUBLIC

 

 

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:

 

Part I

General Provisions

ARTICLE 1

Terms used in this Administrative Arrangement shall have the same meaning as in the Agreement.

 

ARTICLE 2

  1. Pursuant to Article 19, paragraph 3, of the Agreement, the liaison agencies designated by the Competent Authorities of the two Contracting States shall be:

    1. For the United States of America:

      --the Social Security Administration,


    2. 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.

  2. 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.

 

Part II

Provisions on Coverage

ARTICLE 3

  1. In applying Part II of the Agreement,


    1. 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;


    2. 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;


    3. 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.


  2. 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.

  3. The certificates referred to in paragraph 1 shall be issued:


    1. In the United States of America by:


    2. --the Social Security Administration;

    3. In France by:


    4. --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.

  4. 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

  1. 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


    1. the new period of work begins at least 1 year after the end of the initial period of work or


    2. the new period of work is not expected to last beyond 5 years from the date on which the initial period of work began.


  2. 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


    1. the new period of self-employment begins at least 1 year after the end of the initial period of self-employment or


    2. 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

  1. 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.


  2. 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.

 

Part III

Provisions on Benefits

ARTICLE 7

  1. 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.

  2. 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.

  3. 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

  1. 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.


  2. When claiming benefits in accordance with Article 17 of the Agreement


    1. 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;


    2. 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.


  3. 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.


  4. 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

  1. 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.


  2. 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.


  3. 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.


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

  1. 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.


  2. 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.


  3. 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.


  4. 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.


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