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SSA

RIN: 0960-AG22

Publication ID: Fall 2010

Title: Additional Insured Status Requirements for Certain Alien Workers (2882P)
Abstract: The proposed rule will revise our regulations on insured status to include an additional requirement under section 211 of Public Law 108-203--the Social Security Protection Act of 2004 (SSPA). An alien worker to whom we did not assign a Social Security Number (SSN) before January 1, 2004, must meet one of two additional requirements in order to be found entitled to title II benefits based on that alien's earnings record. One requirement is an assignment of an SSN and authorization to work in the United States. Alternatively, the work at issue must have been performed while the alien was admitted to the United States as a visitor for business (Department of Homeland Security (DHS) nonimmigrant classification "B-1") or as a crewman on a vessel or aircraft (DHS nonimmigrant classification "D-1" or "D-2"), and the business engaged in or service performed as a crewman was within the scope of the terms of such individual's admission to the United States. If an alien worker whose SSN was originally assigned on or after January 1, 2004, does not meet either of these requirements, then he or she is not fully or currently insured and is not entitled to benefits even if the alien worker appears to have the required number of quarters of coverage in accordance with the other insured status provisions. This additional insured status requirement affects the entitlement of certain alien workers and any person seeking a benefit on the record of an alien who is subject to this law. An alien worker who was properly assigned an SSN before January 1, 2004, is not subject to section 211 of the SSPA.
Agency: Social Security Administration(SSA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: No	Unfunded Mandates: No
CFR Citation: 20 CFR 404.110 20 CFR 404.120 20 CFR 404.130 20 CFR 404.315 20 CFR 404.1912 20 CFR 404.1931
Legal Authority: 42 USC 414(c) 42 USC 423(a)(1)(C) PL 108-203, sec 211

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	To Be Determined

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: No
Agency Contact: Linda Mitchell Social Insurance Specialist Social Security Administration Office of Income Security Programs, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 965-1327 Joshua B. Silverman Social Insurance Specialist, Regulations Writer Social Security Administration Office of Regulations, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 594-2128