Last edited Mon Oct 20, 2014, 01:12 PM - Edit history (4)
Under the Social Security Act, no one outside the US can get Social Security, even if they earned it while living in the US. The BIG EXCEPTION is if they is a "Social Security Treaty" with the country the Social Security Recipient is in. The US has had such treaties with most of Europe (even Warsaw Pact Nation in the days of the Cold War) since the 1930s.
Under these treaties anyone who is eligible to get Social Security in the US, if they move to a Country with such a treaty, can continue to get such Social Security. That is what these ex-Nazis did, they came to the US after WWII, worked in the US, PAID into Social Security, and when finally charged with being a Nazi, agreed to move back to Germany. The problem is most were already post 62 and thus eligible for Social Security. Remember these Prison Guards, while not the "elite" of Germany, were also older then the youths drafted into the Army. Thus if you were 25 in 1940, you were 65 in 1975, often with 20 or more years paying into Social Security. Thus a lot of people who had been guards took the option of going back to Germany and taking any pension and Social Security with them.
That has been the law since the 1930s and remains the law to this day.
Thus the "Promise" Federal Prosecutors made was just informing the ex-Nazi that under Social Security Treaty with Germany they retained they right to get Social Security even if they moved back to Germany.
Here is the list of Countries with Social Security Treaties with the US, notice Germany was signed in 1979):
http://www.ssa.gov/international/agreements_overview.html
Please note, the above is a series of agreements directed to the EU and reducing double payment of social security taxes as opposed to benefits. Older treaties also covered PAYMENT to people living in those countries, but who had worked in the USA.
List #1, Countries where you can live and get Social Security:
http://www.socialsecurity.gov/international/countrylist1.htm
List #2 "If you are a citizen of one of the countries listed below, you may receive your payments as long as you are outside the U.S., unless you are receiving your payments as a dependent or survivor. In that case, there are additional requirements you have to meet."
http://www.socialsecurity.gov/international/countrylist2.htm
List #3: "Your payments will continue even if you have been outside the U.S. for more than six full calendar months, if you are a resident of a country with which the U.S. has a Social Security agreement. Currently, these countries are:"
http://www.socialsecurity.gov/international/countrylist3.htm
List #4: "Your payments will continue even if you have been outside the U.S. for more than six full calendar months, if you are a citizen of one of the countries listed below, and the worker on whose record your benefits are based lived in the U.S. for at least 10 years or earned at least 40 credits under the U.S. Social Security system. If you are receiving benefits as a dependent or survivor, there are additional requirements you have to meet."
http://www.socialsecurity.gov/international/countrylist4.htm
List # 5, "Work by some U.S. citizens and residents outside the U.S. is exempt from U.S. Social Security as a result of international Social Security agreements the U.S. has concluded with the following countries:"
http://www.socialsecurity.gov/international/countrylist5.htm
List #6: List where Direct Deposit is available:
http://www.socialsecurity.gov/international/countrylist6.htm
You can NOT get Social Security Benefits if you are living in Cuba or North Korea, and there are restrictions (incluidng picking up your check at the US Embassy) in Azerbaijan, Belarus, Georgia,
Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Ukraine, Uzbekistan and Vietnam
http://www.socialsecurity.gov/pubs/EN-05-10137.pdf
Under "Social Security Treaties" the following is noted (this is under the Department of State's "Treaties in Force" list:
SOCIAL SECURITY
Agreement on the pension insurance of certain employees of the United States Army.
Signed at Bonn September 11, 1970.
Entered into force June 1, 1972;
retroactive to November 1, 1950.
23 UST 638; TIAS 7326. GERMANY — SOCIAL SECURITY
Agreement on social security, with final protocol.
Signed at Washington January 7, 1976.
Entered into force December 1, 1979.
30 UST 6099; TIAS 9542; 1177 UNTS 257. GERMANY — SOCIAL SECURITY
Administrative agreement for the implementation of the agreement on social security of January 7, 1976.
Signed at Washington June 21, 1978. Entered into force October 30, 1979;effective December 1, 1979.
30 UST 6150; TIAS 9542; 1177 UNTS 270.
Amendments
October 2, 1986 (TIAS 12115).
March 6, 1995.
http://www.state.gov/documents/organization/218912.pdf
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