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Does The SSA Document You Cited Still Apply?

You answered my question on July 4th and gave me a link to the supporting SSA document. However, the section (D. 1) that says you convert the foreign pension to US dollars was under "Procedure - Non-Totalization Pensions". The CPP is part of the Totalization Agreement. Does it still apply? I still cannot find anywhere where SSA designates that. To review, my initial question to you was titled Is the WEP Gurantee based on US Dollars

Hi,

Yes, it still applies. A 'totalization benefit' is a benefit that's based on combined work credits from more than one country. For example, say that a person has more than 5 but fewer than 40 quarters (QC) of U.S. coverage, so they don't qualify for U.S. Social Security benefits under the normal rules. However, if that person also worked long enough in a country with which the U.S. has a totalization agreement, then they may qualify for a 'totalization benefit'.

In other words, a 'totalization benefit' is only payable if a person doesn't qualify for Social Security benefits under a country's normal rules, but has enough combined credits in more than one country to meet the requirements for a totalization benefit. Your previous question indicated that you have enough credits in both Canada and the U.S. to qualify for Social Security pensions based on the normal requirements in each country. Thus, your credits from the two countries won't need to be combined in order to entitle you to a benefit from either country. Therefore, neither of your benefits would be a considered as a 'totalization benefit'.

The Windfall Elimination Provision (WEP) doesn't apply to totalization benefits, but if you receive a foreign pension that's not a totalization benefit (i.e. U.S. work credits weren't needed in order to make you eligible for the pension) then it can cause your U.S. Social Security retirement or disability benefits to be reduced due to WEP.

Best, Jerry

Posted: 
Jul 5 2020 - 10:02am
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