International Programs

Totalization Agreement with Spain

Contents

Introduction
Eliminating dual coverage for self-employment
Spanish certificates for employees
Spanish certificates for self-employed workers
Monthly benefits
How benefits can be paid
Claims for benefits
Payment of benefits
For more information about Spain's social security programs

Introduction

For Spain, the Agreement covers the General System of Social Security with respect to provisional or permanent disability due to ordinary illness or nonwork-related injury, old age, death and survivorship. The Agreement also covers the Special Systems for the following workers: agricultural, maritime, coal miners, railroad, domestic employees, self-employed persons, commercial representatives, students, artists, authors, bullfighters, and professional soccer players.

Note: Workers exempted from Spanish social security coverage by the Agreement pay no social security taxes for other programs such as including short-term sickness benefits, health insurance, unemployment benefits, workers’ compensation and family allowances and generally cannot receive benefits from them. If the Agreement exempts you from Spanish coverage, you and your employer may wish to arrange for alternative benefit protection.

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Eliminating dual coverage for self-employment

For self-employed workers who would be dually covered under both countries’ systems absent the Agreement:

  • Self-employed workers who reside in the United States are assigned U.S. coverage.
  • Self-employed workers who reside in Spain are assigned Spanish coverage.

However, workers normally self-employed in one country who transfer their trade or business to the other country for five years or fewer will remain covered under the country from which the worker transferred the self-employment activity.

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Spanish certificates for employees

To establish your exemption from coverage under the U.S. Social Security system, your employer must request a certificate of coverage (form E/USA 1) from the provincial office of the General Treasury of Social Security (TGSS) in the Spanish province where the employer is located.

To request a certificate by mail or fax, provide the following information:

  • Full name of worker (including both surnames for Spanish nationals);
  • Date and place of birth;
  • Country of citizenship;
  • Country of worker’s permanent residence;
  • U.S. Social Security number;
  • Spanish social security number (if known);
  • Date of hire;
  • Country and date of hire;
  • Name and address of the employer in the United States and Spain; and
  • Date of transfer and anticipated date of return from Spain.

In addition, your employer must indicate if you remain an employee of the U.S. company while working in Spain or if you become an employee of the U.S. company’s affiliate in Spain. If you become an employee of an affiliate, your employer must indicate if the U.S. company has an Agreement with the Internal Revenue Service (IRS) under section 3121(l) of the Internal Revenue Code to pay U.S. Social Security taxes for United Statescitizens and residents employed by the affiliate and, if yes, the effective date of the Agreement.

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Spanish certificates for self-employed workers

If you are self-employed and would normally have to pay social security taxes to both the United States and Spanish systems, you can establish your exemption from one country’s taxes.

If you reside in Spain, write to the provincial office of the General Treasury of Social Security in the Spanish province where you conduct your business.

Be sure to provide the following information in your letter:

  • Full name (including both surnames for Spanish nationals);
  • Date and place of birth;
  • Citizenship;
  • Country of permanent residence;
  • U.S. and Spanish social security number;
  • Nature of self-employment activity;
  • Dates the activity was or will be performed; and
  • Name and address of your trade or business in both countries.

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Monthly benefits

Under the U.S. Social Security system, you may earn up to four credits each year depending on the amount of your covered earnings. For example, in 2022, you receive  one credit for each $1,410 of your covered annual earnings up to a maximum of four credits per year. The amount needed to earn a work credit goes up slightly each year.

Under the Spanish system, credits are measured in days of contributions. To simplify the information in the table, requirements are shown in years of credit.

Retirement or old-age benefits

United States

Spain

Worker—Full benefit at full retirement age.* Reduced benefit as early as age 62. Required work credits range from 1½ to 10 years (10 years if age 62 in 1991 or later).

Worker—Worker must have contributed for at least 15 years, including at least two years during the last 15 years.

From 1/1/2013, the legal age for the entitlement of the old age pension depends on the age of the person concerned and on the contributions accumulated throughout the working life. In particular it is required that the person concerned meets the following conditions:

  • 67 years, or
  • 65 years when 38 years and 6 months of contribution are credited.
The retirement age and the contribution period referred to in the preceding paragraphs is applied gradually.

For 2023 the legal age is as follows:

  • 65 years of age + 37 years and 9 months of contribution, or
  • 66 years and 4 months of age if less than 37 years and 9 months of contribution is credited.

*The full retirement age is age 66 for people born in 1943-1954 and will gradually increase to age 67 for people born in 1960 or later.

Disability benefits

United States

Spain

Worker—Under full retirement age* can get benefit if unable to do any substantial gainful work for at least a year. 1½ to 10 years credit needed, depending on age at date of onset. Some recent work credits also needed unless worker is blind.

Worker—Provisional benefits—worker needs credit for 180 days of contributions during the five years immediately preceding the onset of disability. Benefits payable for up to 4½ years following cessation of temporary disability (i.e., cash sickness) benefits.

Permanent benefits—payable if the worker’s incapacity continues beyond the period of eligibility for provisional benefits. The minimum contribution requirement varies depending on the worker’s age and whether the worker was registered under the Spanish system at the time of onset of disability. Some recent work credits are required. Special rules apply for young workers.

*The full retirement age is age 66 for people born in 1943-1954 and will gradually increase to age 67 for people born in 1960 or later. 

Family benefits to dependents of retired or disabled people

United States

Spain

Spouse—Full benefit at full retirement age* or at any age if caring for entitled child under age 16 (or disabled before age 22). Reduced benefit as early as age 62 if not caring for a child.

Spouse—No provision. However, the worker’s pension may be increased if the worker receives a minimum benefit and has a dependent spouse.

Divorced spouse—Full benefit at full retirement age.* Reduced benefit as early as age 62. Must be unmarried and have been married to worker for at least 10 years.

Divorced spouse— No provision.

Children—If unmarried, up to age 18 (age 19 if in an elementary or secondary school full time) or any age if disabled before age 22.

Children—No provision. However, the worker’s pension is increased for each dependent child under age 18 or disabled.

*The full retirement age is age 66 for people born in 1943-1954 and will gradually increase to age 67 for people born in 1960 or later.

Survivors benefits

United States

Spain

Surviving Spouse—Full benefit at full retirement age* or at any age if caring for deceased’s entitled child under age 16 (or disabled before age 22). Reduced benefit as early as age 60 (or age 50 if disabled) if not caring for a child. Benefits may be continued if remarriage occurs after age 60 (or age 50 if disabled).

Surviving Spouse—Full benefit at age 65 or reduced benefit at any age. The deceased worker must have been registered with the Spanish system at the time of death and paid contributions for at least 500 days during the five-year period before death, or received a retirement or disability benefit at the time of death.

Divorced Surviving Spouse—Same as surviving spouse if marriage lasted at least 10 years.

Divorced Surviving Spouse—Same as surviving spouse. Benefits are proportional to time divorced surviving spouse lived with the worker.

Other family members—Under certain conditions, dependent parents age 62 or older.

Other family members—Dependent parents, grandparents, brothers, sisters and grandchildren may receive a benefit equal to an orphan’s benefit.

Lump-sum death benefit—A one-time payment not to exceed $255 payable on the death of an insured worker.

Funeral grant—One-time payment.

*The full retirement age for survivors is age 66 for people born in 1945-1956 and gradually increases to age 67 for people born in 1962 or later.

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How benefits can be paid

If you have social security credits in both the United States and Spain, you may be eligible for benefits from one or both countries. If you meet all the basic requirements under one country’s system, you will get a regular benefit from that country. If you do not meet the basic requirements, the Agreement may help you qualify for a benefit as explained below.

  • Benefits from the United States - If you do not have enough work credits under the U.S. system to qualify for regular benefits, you may be able to qualify for a partial benefit from the United States based on both United States and Spanish credits. However, to be eligible to have your Spanish credits counted, you must have earned at least six credits (generally one and one-half years of work) under the U.S. system. If you already have enough credits under the U.S. system to qualify for a benefit, the United States cannot count your Spanish credits.
  • Benefits from Spain - Social security credits from both countries can also be counted, when necessary, to meet the eligibility requirements for Spanish benefits. To be eligible to have your United States and Spanish credits counted, you must have at least one year of coverage credited under the Spanish system.

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Claims for benefits

If you live in the United States and wish to apply for United States or Spanish benefits:

  • Visit or write any U.S. Social Security office.
  • Phone our toll-free number, 1-800-772-1213, 8 a.m. to 7 p.m., Monday-Friday. People who are deaf or hard of hearing may call our TTY number, 1-800-325-0778.
  • Apply for Spanish benefits at any U.S. Social Security office by completing an application Form E/USA, or mail the completed Form to your local Social Security Administration office.

    If you live in Spain and wish to apply for U.S. or Spanish benefits, contact:

    Federal Benefits Unit
    United States Embassy
    Serrano 75
    28006 Madrid
    SPAIN

  • You may also contact the Federal Benefits Unit at the U.S. Embassy in Madrid at Homepage - U.S. Embassy & Consulate in Spain and Andorra (usembassy.gov) or email the fbu.madrid@ssa.gov to file for U.S. benefits.
  • Any Spanish social security office to file for U.S. or Spanish benefits.

You can apply with one country and ask to have your application considered as a claim for benefits from the other country. Information from your application will then be sent to the other country. Each country will process the claim under its own laws, counting credits from the other country when appropriate, and notify you of its decision.

If you have not applied for benefits before, you may need to provide certain information and documents when you apply. These include the worker’s United States and Spanish social security numbers, proof of age for all claimants, evidence of the worker’s U.S. earnings in the past 24 months, and information about the worker’s coverage under the Spanish system.

You may wish to call the social security office before you go there to see if you need any other information.

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Payment of benefits

Each country pays its own benefit. U.S. payments are made by the U.S. Department of Treasury each month and cover benefits for the preceding month. Spain also pays benefits each month for the preceding month. Residents of the United States generally receive benefits from Spain through international postal money orders. For more information, contact the Spanish authorities at the address in the section titled, “For more information.”

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For more information about Spain's social security programs

For more information about Spain’s social security programs, visit the Spanish social security system’s website at www.seg-social.es. You may also visit any social security office in Spain.

If you do not live in Spain, write to:

Instituto Nacional de la Seguridad Social
Calle Padre Damian 4 y 6
28036 Madrid
SPAIN 

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