SENIOR SENATE FEDERAL PROPOSAL NO. 2

INTRODUCED BY SENIOR SENATOR WINSLOW

LEGISLATIVE COUNSEL’S DIGEST

SFP 2: SOCIAL SECURITY: BENEFITS.

UNDER THE FEDERAL SOCIAL SECURITY ACT, A PERSON WHO IS NOT A UNITED STATES CITIZEN AND WHO IS OUTSIDE THE UNITED STATES MAY RECEIVE MONTHLY BENEFITS UNDER THAT ACT UNDER SPECIFIED CONDITIONS.

THIS MEASURE WOULD MEMORIALIZE THE CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION THAT WOULD INCLUDE IN SOCIAL SECURITY TOTALIZATION AGREEMENTS BETWEEN THE UNITED STATES AND MEXICO A REQUIREMENT THAT THE MEXICAN SOCIAL SECURITY INSTITUTE MAKE PAYMENTS TO UNITED STATES CITIZENS IN ACCORDANCE WITH THE PROVISIONS OF THE FEDERAL SOCIAL SECURITY ACT. THE MEASURE WOULD ALSO MEMORIALIZE THE CONGRESS AND THE PRESIDENT TO ENACT LEGISLATION THAT WOULD PERMIT UNITED STATES CITIZENS WORKING FOR UNITED STATES COMPANIES IN MEXICO TO PAY INTO ONE SOCIAL SECURITY SYSTEM.

VOTE: MAJORITY.

SFP 2: RELATING TO SOCIAL SECURITY

WHEREAS, UNDER THE FEDERAL SOCIAL SECURITY ACT (42 U.S.C. SEC. 301, AND FOLLOWING), A PERSON WHO IS NOT A UNITED STATES CITIZEN AND WHO IS OUTSIDE THE UNITED STATES MAY RECEIVE MONTHLY BENEFITS UNDER THAT ACT UNDER SPECIFIED CONDITIONS; AND

WHEREAS, THE MEXICAN SOCIAL SECURITY INSTITUTE HAS GIVEN ASSURANCE THAT UNITED STATES CITIZENS OTHERWISE QUALIFIED FOR BENEFITS UNDER THEIR SYSTEM COULD RECEIVE BENEFITS CONSISTENT WITH THE PROVISIONS OF SECTION 402(t) OF TITLE 42 OF THE UNITED STATES CODE; AND

WHEREAS, ON JUNE 29, 2004, THE COMMISSIONER OF SOCIAL SECURITY AND THE DIRECTOR GENERAL OF THE MEXICAN SOCIAL SECURITY INSTITUTE SIGNED AN AGREEMENT TO DELETE THE REQUIREMENT THAT UNITED STATES CITIZENS WORKING IN MEXICO FOR UNITED STATES COMPANIES AND MEXICAN CITIZENS WORKING IN THE UNITED STATES FOR MEXICAN COMPANIES PAY SOCIAL SECURITY TAXES IN BOTH COUNTRIES; AND

WHEREAS, THE UNITED STATES SOCIAL SECURITY ADMINISTRATION IS PRESENTLY PAYING BENEFITS TO QUALIFIED CITIZENS OF MEXICO WHO ARE NOT PRESENT IN THE UNITED STATES; AND

WHEREAS, UNITED STATES CITIZENS WHO HAVE WORKED IN MEXICO, WHO, WITH THEIR EMPLOYERS, HAVE PAID INTO THE MEXICAN SOCIAL SECURITY SYSTEM THE REQUIRED PERIOD OF 40 OR MORE QUARTERS, WHO HAVE REACHED 65 YEARS OF AGE AND WHO HAVE REQUESTED TO RECEIVE THE PENSION BENEFITS UNDER THE PROVISIONS OF THE MEXICAN SOCIAL SECURITY PROGRAM HAVE BEEN DENIED THOSE BENEFITS; AND

WHEREAS, THE UNITED STATES CURRENTLY HAS SOCIAL SECURITY TOTALIZATION AGREEMENTS WITH 21 OTHER COUNTRIES, INCLUDING CANADA, CHILE, SOUTH KOREA, AUSTRALIA, JAPAN, THE UNITED KINGDOM, AND MOST OF WESTERN EUROPE; AND

WHEREAS, THE UNITED STATES AND MEXICO ARE SEEKING TO RATIFY TOTALIZATION AGREEMENTS TO THE EQUAL BENEFIT OF BOTH PARTIES; NOW, THEREFORE, BE IT

THE CONGRESS AND THE PRESIDENT ENACT LEGISLATION THAT WOULD PROVIDE SOCIAL SECURITY TOTALIZATION AGREEMENTS BETWEEN THE UNITED STATES AND MEXICO; AND BE IT FURTHER

RESOLVED, THAT THE MEXICAN SOCIAL SECURITY INSTITUTE (“INSTITUTO MEXICANO DEL SEGURO SOCIAL”) MAKE PAYMENTS TO UNITED STATES CITIZENS IN ACCORDANCE WITH THE PROVISIONS OF THE FEDERAL SOCIAL SECURITY ACT; AND BE IT FURTHER

RESOLVED, THAT THE UNITED STATES GOVERNMENT REQUIRE THE MEXICAN SOCIAL SECURITY INSTITUTE TO MAKE PAYMENTS TO UNITED STATES CITIZENS WHO ARE QUALIFIED UNDER THAT SYSTEM BUT WHO ARE OUTSIDE MEXICO, WITHOUT REGARD TO THE DURATION OF THEIR ABSENCE; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE CONGRESS AND THE PRESIDENT TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT AND VICE PRESIDENT, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE CHAIRPERSONS OF THE HOUSE AND SENATE COMMITTEES ON AGING, AND TO EACH SENATOR AND REPRESENTATIVE FROM CALIFORNIA IN THE CONGRESS OF THE UNITED STATES.

RN20061898809

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