TN 22 (04-01)

Citations:

Section 210(a)(4) of the Social Security Act;

Regulation No.4, Sec. 404.1004 .

A. POLICY -- 1955 AND LATER

Beginning in 1955, service performed by an employee on or in connection with a foreign vessel or foreign aircraft is covered employment under Social Security except when:

• the individual is employed on or in connection with such vessel or aircraft when outside the United States; and

• the employee is not a U.S. citizen; or

• the employer is not an American employer.

B. POLICY -- 1951 THROUGH 1954

Service performed by an employee on or in connection with a foreign vessel or foreign aircraft is excepted from employment if the employee is employed on or in connection with such vessel or aircraft when outside the U.S.

This excludes all service of officers and crewmen on foreign vessels or foreign aircraft, including service done within the U.S. if some part of the employee's service is done outside the U.S.

C. POLICY -- BEFORE 1951

1. Airmen

There is no provision in the law with respect to aircraft employees. Therefore, these services are covered if performed within the U.S.

2. Seamen

From 10/1/41 through 12/31/50, certain services performed on foreign vessels by merchant seamen employed by an agency of the War Shipping Administration (WSA) or the U.S. Maritime Commission (USMC), through 2/10/42 only, are covered.

Services for the following individuals are not covered:

• Longshoremen hired by the WSA or USMC;

• Seamen hired by other agencies of the Federal government;

• Seamen aboard vessels time-chartered to the WSA or USMC;

• Seamen aboard foreign vessels bareboat chartered to WSA or USMC; or

• Seamen employed under contract entered into outside the U.S.

D. DEFINITIONS

1. Foreign Vessel

Any vessel not defined as an American vessel in

RS 01901.150B.1.

2. Foreign Aircraft

Any aircraft not defined as an American aircraft in

RS 01901.150B.2.