[Code of Federal Regulations]
[Title 20, Volume 2]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR422.122]

[Page 1076]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
               CHAPTER III--SOCIAL SECURITY ADMINISTRATION
 
PART 422_ORGANIZATION AND PROCEDURES--Table of Contents
 
                      Subpart B_General Procedures
 
Sec. 422.122  Information on deferred vested pension benefits.

    (a) Claimants for benefits. Each month, SSA checks the name and 
social security number of each new claimant for social security benefits 
or for hospital insurance coverage to see whether the claimant is listed 
in SSA's electronic pension benefit record. This record contains 
information received from IRS on individuals for whom private pension 
plan administrators have reported to IRS, as required by section 6057 of 
the Internal Revenue Code, as possibly having a right to future 
retirement benefits under the plan. SSA sends a notice to each new 
claimant for whom it has pension benefit information, as required by 
section 1131 of the Act. If the claimant filed for the lump-sum death 
payment on the social security account of a relative, SSA sends the 
claimant the pension information on the deceased individual. In either 
case, SSA sends the notice after it has made a decision on the claim for 
benefits. The notice shows the type, payment frequency, and amount of 
pension benefit, as well as the name and address of the plan 
administrator as reported to the IRS. This information can then be used 
by the claimant to claim any pension benefits still due from the pension 
plan.
    (b) Requesting deferred vested pension benefit information from SSA 
files. Section 1131 of the Act also requires SSA to provide available 
pension benefit information on request. SSA will provide this pension 
benefit information only to the individual who has the pension coverage 
(or a legal guardian or parent, in the case of a minor, on the 
individual's behalf). However, if the individual is deceased, the 
information may be provided to someone who would be eligible for any 
underpayment of benefits that might be due the individual under section 
204(d) of the Act. All requests for such information must be in writing 
and should contain the following information: the individual's name, 
social security number, date of birth, and any information the requestor 
may have concerning the name of the pension plan involved and the month 
and year coverage under the plan ended; the name and address of the 
person to whom the information is to be sent; and the requester's 
signature under the following statement: ``I am the individual to whom 
the information applies (or ``I am related to the individual as his or 
her ------------''). I know that if I make any representation which I 
know is false to obtain information from Social Security records, I 
could be punished by a fine or imprisonment or both.'' Such requests 
should be sent to: Social Security Administration, Office of Central 
Records Operations, P.O. Box 17055, Baltimore, Maryland 21235.

[60 FR 42434, Aug. 16, 1995]