Fernando A. Pena Jr.

Marketing and

Digital Executive

Fernando A. Pena Jr.

Marketing and

Digital Executive

Blog Post

U.s. France Social Security Agreement

April 8, 2022 Uncategorized

More information about French social security programs can be found at any social security office in France. If you do not live in France, write to: Article 4 of the Administrative Agreement clarifies how the coverage rules of the Agreement (in particular Articles 6.1 and 7.2) apply to employed or self-employed persons from one country who have successive missions or periods of employment in the other country. According to Article 6.1 of the Agreement, a worker who is transferred from one country to another by his employer for a period not to exceed 5 years will continue to be subject to the social security laws of the sending country and is exempt from the laws of the host country. Article 7(2) of the Agreement lays down similar rules for self-employed persons who transfer their business activity from one country to another for a period not exceeding 24 months. You are eligible for free hospital insurance at age 65 if you have worked under U.S. Social Security long enough to qualify for retirement benefits. People born in 1929 or later need 40 loans (about 10 years of insured work) to qualify for pension benefits. While the agreement between the U.S. and France allows the Social Security Administration to count your French loans to help you qualify for retirement, disability, or survivor benefits in the United States, the agreement does not cover Medicare benefits. As a result, we cannot count your credits in France to benefit from free Medicare hospital insurance. If you don`t want to apply for benefits, but want more information about the agreement, write to: This document covers the highlights of the agreement and explains how it can help you while you work and when you apply for benefits.

In addition, your employer must indicate whether you will remain a U.S. employee. Company while working in France or when you become an employee of the SUBSIDIARY of the American company in France. If you become an employee of an affiliate, your employer must indicate whether the U.S. company has entered into an agreement with the Internal Revenue Service pursuant to Section 3121(l) of the Internal Revenue Code to pay U.S. social security taxes to U.S. citizens and residents employed by the subsidiary and, if applicable, the effective date of the agreement. Workers who are exempt from U.S. or foreign social security taxes under an agreement must document their exemption by obtaining a certificate of coverage from the country they continue to cover.

For example, a US worker temporarily sent to the UK would need a cover certificate issued by SSA to prove their exemption from UK social security contributions. Conversely, a UK-based employee working temporarily in the US would need a UK certificate. The authorities as proof of exemption from U.S. Social Security tax. Applications must include the employer`s name and address in the U.S. and other countries, the employee`s full name, place and date of birth, citizenship, U.S. and foreign Social Security numbers, place and date of hire, and start and end dates of overseas deployment. (If the employee works for a foreign subsidiary of the U.S. company, the application must also state whether U.S. Social Security coverage has been agreed for the affiliate`s employees under Section 3121(l) of the Internal Revenue Code.) Self-employed persons must indicate their country of residence and the nature of their self-employment. When applying for certificates under the agreements with France and Japan, the employer (or self-employed worker) must also indicate whether the employee and the accompanying members of his family have health insurance.

Each agreement (with the exception of the one with Italy) contains an exception to the territoriality rule, which aims to minimise disruptions in the coverage career of employees whose employers temporarily post them abroad. Under this exemption for “exempt workers”, a person who is temporarily transferred to work for the same employer in another country is only covered by the country from which he or she was posted. For example, a U.S. citizen or resident who is temporarily transferred by a U.S. employer to work in a contracted country is still covered by the U.S. program and exempt from coverage by the host country`s system. The employee and employer only pay contributions to the U.S. program. The employee and employer only pay contributions to the U.S.

program. If you have credits in the United States and France, you may be eligible for benefits from one or both countries. If you meet all the basic system requirements of a country, you will regularly benefit from that country. If you do not meet the basic requirements, the agreement can help you qualify for a benefit, as explained below. As a general rule, individuals should only take action on lump sum benefits under an agreement if they are willing to apply for a pension, survivorship or disability. A person who wishes to apply for benefits under a tabulation agreement can do so with any social security agency in the United States or abroad. Although the agreements aim to allocate social security to the country where the worker is most connected, unusual situations sometimes occur in which strict application of the treaty rules would lead to unusual or unjustified results. For this reason, each agreement contains a provision that allows the authorities of both countries to grant exceptions to the normal rules if both parties agree. An exemption could be granted, for example, if a U.S. citizen`s foreign reward was unexpectedly extended by a few months beyond the 5-year limit under the self-employment rule. If you are eligible for U.S. and French Social Security benefits, and you do not need the agreement to qualify for either benefit, U.S.

law may reduce the amount of your U.S. benefit. This is the result of a provision in U.S. law that may affect how the U.S. calculates your benefit if you also receive a pension based on work that is not covered by U.S. Social Security. For more information, visit our website at www.socialsecurity.gov and receive a copy from the Windfall Elimination Commission (publication number 05-10045). If you are located outside the United States, you may write to us at the address listed in the “For More Information” section. Most U.S.

treaties eliminate double coverage of self-employment by assigning coverage to the employee`s country of residence. For example, under the agreement between the United States and Sweden, a doubly insured independent U.S. citizen living in Sweden is only covered by the Swedish system and excluded from U.S. coverage. If you work as an employee in the United States, you and your employer generally only pay Social Security taxes in the United States and not in France. If you work as an employee in France, you usually only pay French Social Security taxes and neither you nor your employer have to pay the United States…