[Federal Register Volume 75, Number 142 (Monday, July 26, 2010)]
[Notices]
[Pages 43579-43581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18152]
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OFFICE OF PERSONNEL MANAGEMENT
Privacy Act of 1974; Computer Matching Program Between the Office
of Personnel Management and Social Security Administration
AGENCY: Office of Personnel Management (OPM).
ACTION: Notice--computer matching between the Office of Personnel
Management and the Social Security Administration.
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SUMMARY: In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as
amended by the Computer Matching and Privacy Protection Act of 1988
(Pub. L. 100-503), Office of Management and Budget (OMB) Guidelines on
the Conduct of Matching Programs (54 FR 25818 published June 19, 1989),
and OMB Circular No. A-130, revised November 28, 2000, ``Management of
Federal Information Resources,'' the Office of Personnel Management
(OPM) is publishing notice of its new computer matching program with
the Social Security Administration (SSA).
DATES: OPM will file a report of the subject matching program with the
Committee on Homeland Security and Governmental Affairs of the Senate,
the Committee on Oversight and Government Reform of the House of
Representatives and the Office of Information and Regulatory Affairs,
Office of Management and Budget (OMB). The matching program will begin
30 days after the Federal Register notice has been published or 40 days
after the date of OPM's submissions of the letters to Congress and OMB,
whichever is later. The matching program will continue for 18 months
from the beginning date and may be extended an additional 12 months
thereafter. Subsequent matches will run until one of the parties
advises the other in writing of its intention to reevaluate, modify
and/or terminate the agreement.
ADDRESSES: Send comments to Marc Flaster, Chief, Resource Management,
Retirement and Benefits, Office of Personnel Management, Room 4332,
1900 E. Street, NW., Washington, DC 20415.
FOR FURTHER INFORMATION CONTACT: James Sparrow on (202) 606-1803.
SUPPLEMENTARY INFORMATION:
[[Page 43580]]
A. General
The Privacy Act (5 U.S.C. 552a), as amended, establishes the
conditions under which computer matching involving the Federal
government could be performed and adding certain protections for
individuals applying for and receiving Federal benefits. Section 7201
of the Omnibus Budget Reconciliation Act of 1990 (Pub. L. 101-508)
further amended the Privacy Act regarding protections for such
individuals.
The Privacy Act, as amended, regulates the use of computer matching
by Federal agencies when records in a system of records are matched
with other Federal, State, or local government records. Among other
things, it requires Federal agencies involved in computer matching
programs to:
(1) Negotiate written agreements with the other agency for agencies
participating in the matching programs;
(2) Obtain the approval of the match agreement by the Data
Integrity Boards (DIB) of the participating Federal agencies;
(3) Furnish detailed reports about matching programs to Congress
and OMB;
(4) Notify applicants and beneficiaries that their records are
subject to matching;
(5) Verify match findings before reducing, suspending, termination
or denying and individual's benefits or payments.
B. OPM Computer Matches Subject to the Privacy Act
We have taken action to ensure that all of OPM's computer matching
programs comply with the requirements of the Privacy Act, as amended.
Notice of Computer Matching Program, Office of Personnel Management
(OPM) With the Social Security Administration (SSA)
A. Participating Agencies
OPM and SSA
B. Purpose of the Matching Program
The purpose of this agreement is to establish the terms, conditions
and safeguards for disclosure of Social Security benefit information to
OPM via direct computer link for the administration of certain programs
by OPM's Retirement & Benefits. OPM is legally required to offset
specific benefits by a percentage of benefits (i.e. Disability
Annuitants, Children Survivor Annuitants and Spousal Survivor
Annuitants) payable under Title II of the Social Security Act. This
matching activity will enable OPM to compute benefits at the correct
rate and determine eligibility for these benefits.
C. Authority for Conducting the Matching Program
Section 8461(h) of title 5 of the United States Code.
D. Categories of Records and Individuals Covered by the Match
Under the matching program, OPM will match SSA's disability
insurance benefits (DIB) and payment date against OPM's records of
retirees receiving a FERS disability annuity. The purpose of the
matching program is to identify a person receiving both a FERS
disability annuity and a DIB under Section 223 of the Social Security
Act, 42 U.S.C. 423, in order to apply OPM offsets. Under FERS, 5 U.S.C.
8452(a)(2)(A), for any month in which an annuitant is entitled to both
a FERS disability annuity and to a DIB, the FERS annuity shall be
computed as follows: the FERS disability annuity is reduced, for any
month during the first year after the individual's FERS disability
annuity commences or is restored, by 100% of the individual's assumed
Social Security DIB for such month, and, for any month occurring during
a period other than the period described above, by 60% of the
individual's assumed Social Security DIB for such month. OPM will
provide SSA with an extract from the Annuity Master File and from
pending claims snapshot records via the File Transfer Management System
(FTMS). The extracted file will contain identifying information
concerning the child survivor annuitant for whom OPM needs information
concerning receipt of SSA child survivor benefits: full name, Social
Security Number, date of birth, and type of information requested, as
required to extract data from the SSA State Verification and Exchange
System Files for Title II records. Each record on the OPM file will be
matched to SSA's records to identify FERS child survivor annuitants who
are receiving SSA CIBs. The SSA systems of records involved in this CMA
are the Enumeration System, 60-0058 and the MBR, 60-0090. OPM's system
of records involved in this matching program is designated OPM/Central-
1, Civil Service Retirement and Insurance Records. For records from
OPM/Central-1, notice was provided by the publication of the system of
records in the Federal Register at 64 FR 54930 (Oct. 8, 1999), as
amended at 65 FR 2772 (May 3, 2000), updated at 72 FR 60041 (October
23, 2007), and amended at 73 FR 15013 (March 20, 2008).
OPM's records of surviving spouses who may be eligible to receive
the FERS Supplementary Annuity will be matched against SSA's mother or
father's insurance benefit and/or disabled widow (er)'s insurance
benefit records. If the surviving spouse is receiving one of the above
e-described Social Security benefits, he or she is not eligible to
receive the FERS Supplementary Annuity. FERS, 5 U.S.C. 8442 (f)
provides that a survivor who is entitled to a survivor's annuity and
who meets certain other statutory requirements shall also be entitled
to a Supplementary Annuity. To be eligible to receive a Supplementary
Annuity for a given month, the surviving spouse of a deceased FERS
annuitant must be eligible for a FERS survivor annuity, be under age
60, be an individual who would be entitled to widow's or widower's
insurance benefits under the requirements of sections 202(e) and
402(f), based on the wages and self employment survivor had attained
age 60 and otherwise satisfied necessary requirements for widow's or
widower's insurance benefits. See 5 U.S.C 8442(f)(4)(B). The individual
must not be eligible for Social Security mother's or father's insurance
benefits or disabled widow (er)'s insurance benefits based on the
deceased annuitant's wages and self-employment income.
E. Privacy Safeguards and Security
The Privacy Act (5 U.S.C. 552a(o)(1)(G) requires that each matching
agreement specify procedures for ensuring the administrative, technical
and physical security of the records matched and the results of such
programs. All Federal agencies are subject to: the Federal Information
Security Management Act of 2002 (FISMA) (44 U.S.C. 3541 et seq.);
related OMB circulars and memoranda (e.g. OMB Circular A-130 and OMB M-
06-16); National Institute of Science and Technology (NIST) directives;
and the Federal Acquisition Regulations (FAR). These laws, circulars,
memoranda, directives, and regulations include requirements for
safeguarding Federal information systems and personally identifiable
information used in Federal agency business processes, as well as
related reporting requirements. OPM and SSA recognize that all laws,
circulars, memoranda, directives and regulations relating to the
subject of this agreement and published subsequent to the effective
date of this agreement must also be implemented if mandated.
FISMA requirements apply to all Federal contractors and
organizations or sources that process or use Federal information, or
that operate, use, or have access to Federal information systems on
behalf of an agency. OPM will be responsible for oversight and
[[Page 43581]]
compliance of their contractors and agents. Both OPM and SSA reserve
the right to conduct onsite inspection to monitor compliance with FISMA
regulations.
F. Inclusive Dates of the Match
The matching program shall become effective upon the signing of the
agreement by both parties to the agreement and approval of the
agreement by the Data Integrity Boards of the respective agencies, but
no sooner that 40 days after notice of the matching program is sent to
Congress and the Office of Management and Budget or 30 days after
publication of this notice in the Federal Register, whichever is later.
The matching program will continue for 18 months from the effective
date and may be extended for an additional 12 months thereafter, if
certain conditions are met.
U.S. Office of Personnel Management.
John Berry,
Director.
[FR Doc. 2010-18152 Filed 7-23-10; 8:45 am]
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