Social Security Agreement and Supplementary Notes (1973)
This Agreement was signed on May 23, 1973 and in force on November 1, 1978.
AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE ITALIAN REPUBLIC ON THE MATTER OF SOCIAL SECURITY
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 in Washington, D.C., May 23, 1973, 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:
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:
PART I: General Provisions
For purposes of the application of this Agreement:
a. 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;
b. 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;
c. 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;
d. 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);
e. 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;
f. 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;
g. The term “workers” shall mean persons who have periods of coverage;
h. 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;
i. 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;
j. The terms “benefits” and “pensions” shall mean any cash benefits payable under the laws specified in Article 2 of this Agreement;
k. 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;”]
l. The term “beneficiary” shall mean any worker, family member or survivor who is entitled to benefits or pensions.
1. For purposes of this Agreement the applicable laws relating to social security for disability, old-age, and survivorship are:
a. 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;
b. 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.
2. 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.
3. This Agreement shall also apply to future laws amending or supplementing the laws specified in this article.
1. The present Agreement shall apply to workers who have periods of coverage under the laws, and to their family members or survivors.
2. 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”).
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.
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.
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.
PART II: Provisions Relating to the Applicable Laws
1. 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.
2. 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.
3. 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.
4. With respect to any services which are subject to the laws of both States, the following rules will be applied:
a. 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;
b. 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;
c. 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.
5. 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.
6. 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.
PART III: Special Provisions Disability, Old-Age, and Survivorship
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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:
a. The worker has the minimum period required by paragraph 5 under the laws of the other State; and
b. 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.
7. For the purpose of taking into consideration the periods of coverage as provided in Article 8.2 of the Agreement and for the purpose of computing benefits as provided in Article 8.4 of the Agreement, the following rules apply (subject to the conditions established in Article 8.5 of the Agreement):
a. The periods of coverage completed under the laws of one State shall be added to the periods of coverage completed under the laws of the other Sate, even if these periods have already given rise to the payment of a benefit from the first State;
b. When a period of coverage credited under the laws of one State coincides with a period of coverage credited under the laws of the other State, the agency of each State shall consider for purposes of determining the right to benefits and the benefit amount only those periods that were credited under its laws.
1. 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.
2. 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.]
1. 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:
a. 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.
b. 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.
2. 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.
3. 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.
1. 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.
2. 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.]
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.
PART IV: Miscellaneous, Transitory, and Final Provisions
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.
1. 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.
2. 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.
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.
1. 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.
2. 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.
3. 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.
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.
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.
1. 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.
2. 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.
3. 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.
1. 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.
2. 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 1. 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.
3. 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.
1. 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.
2. 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.
1. 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.
2. 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.
1. 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.
2. 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.
3. 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.
4. This Agreement shall not result in the payment of benefits for periods prior to the date of its entry into force.
1. This Agreement shall be ratified and the instruments of ratification shall be exchanged as soon as possible.
2. 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.
4. 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.
5. 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.
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:
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
Part I: GENERAL PROVISIONS
Article 1. DEFINITIONS
For the purposes of the application of the Agreement and this Protocol:
1. 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;
2. 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;
3. 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;
4. 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
1. The agencies responsible for applying this Protocol are:
a. For the United States of America:
The Social Security Administration;
b. 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.
2. The coordinating agencies designated under Article 14.1 of the Agreement to facilitate its application are:
a. For the United States of America:
The Social Security Administration;
b. For the Italian Republic:
The Istituto Nazionale della Previdenza Sociale General Directorate, Rome.
3. 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.
Part II: PROVISIONS RELATING TO APPLICABLE LAWS
Article 3. COVERAGE AND EXEMPTIONS
1. 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.
2. 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.
3. 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.
4. 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.
Part III: APPLICATION OF PARTICULAR PROVISIONS OF THE AGREEMENT REGARDING DISABILITY, OLD-AGE, AND SURVIVORS INSURANCE
Article 4. FILING AND PROCESSING CLAIMS
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. Each Agency shall be the final judge of the quality or probative value of documentary evidence presented to it from whatever source.
7. 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.
[Deleted effective January 1, 1986.]
Article 6. RECOVERY OF OVERPAYMENTS
1. 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.
2. 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.
3. 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
1. 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.
2. 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.
3. 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.
[Deleted effective January 1, 1986.]
PART IV: MISCELLANEOUS AND FINAL PROVISIONS
Article 9. EXCHANGE OF INFORMATION
1. 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.
2. The Competent Authorities of the two States shall meet to establish procedures for the implementation of Article 12 of the Agreement.
3. 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
1. 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.
2. 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
1. The use of information furnished by one State to another with regard to an individual shall be governed by this Article.
2. 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.
3. 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.
4. 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.
5. 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.
Done in Rome, November 22, 1977, in duplicate originals in the English and Italian languages each equally valid.
for the United States of America:
Joseph A. Califano, Jr.
for the Italian Republic