International Programs - U.S.-French Social Security Agreement - Article 6.1

Under Article 6.1, an employee working for an employer located in the United States or France who is temporarily transferred to work in the other country for the same employer (or, under certain conditions, a foreign affiliate of the same employer) will continue to be covered by the country from which the employee has been transferred.  This rule will apply only if the transfer is expected to be 5 years or less.  Article 6.1 is subject to several special rules that are provided elsewhere in the Agreement and in the Administrative Arrangement that has been concluded for implementation of the Agreement.  For purposes of measuring the length of a transfer in the case of workers who have been sent from one country to the other before the Agreement enters into force, Article 27.6 provides that any period of work before the Agreement’s entry into force will be disregarded.  Under Article 6.3, the exemption from social security coverage and contributions for employees who are sent to a country for 5 years or less will apply to U.S. or French nationals even if they have not been sent directly from the other country but are first assigned to work in a third country.  Third country nationals who are sent from a third country will be subject to the laws of only the host country.  Article 3.2 of the Administrative Arrangement stipulates that Article 6.1 of the Agreement will only apply to a worker sent from the United States to France if the worker has private health insurance.  Article 4.1 of the Administrative Arrangement provides special rules that apply in the case of an employee who is sent from one country to the other on a series of assignments.

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