[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR831.106]

[Page 84-85]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 831_RETIREMENT--Table of Contents
 
             Subpart A_Administration and General Provisions
 
Sec. 831.106  Disclosure of information.

    (a)(1) The Office has in its possession or under its control records 
containing the following types of information:
    (i) Documentation of Federal service subject to the Civil Service 
Retirement System.
    (ii) Documentation of service credit and refund claims made under 
the Civil Service Retirement System.
    (iii) Retirement and death claims files, including documents 
supporting the retirement application, health benefits and life 
insurance eligibility, medical records supporting disability claims, and 
designations of beneficiaries.
    (iv) Claims review and correspondence files pertaining to benefits 
under the Federal Employees Health Benefits Program.

[[Page 85]]

    (v) Suitability determination files on applicants for Federal 
employment found unsuitable for employment on medical grounds.
    (vi) Documentation of claims made for life insurance and health 
benefits by annuitants under a Federal Government retirement system 
other than the Civil Service Retirement System.
    (vii) Documentation of voluntary contributions made by eligible 
individuals.
    (viii) Health Unit medical records for OPM employees.
    (2) These records may be disclosed to the individual to whom the 
information pertains, or with prior written consent of the individual to 
any agency or other person, except that medical evidence about which a 
prudent physician would hesitate to inform the individual, will be 
disclosed only to a licensed physician designated in writing for that 
purpose by the individual or by his or her representative.
    (3) Civil service retirement records will be disclosed consistent 
with the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), 
including, but not limited to, disclosures.
    (i) Pursuant to a routine use promulgated for such records and 
printed in the Office's annual publication of notices of systems of 
records, except that;
    (ii) A beneficiary designated in accordance with the provisions of 
the Civil Service Retirement law (5 U.S.C. 8342(b)) shall, during the 
lifetime of the designator, be disclosed to the designator only, at his 
or her signed, written request. Such beneficiary designations that may 
appear in records being disclosed must be removed before access to a 
record is permitted. If information pertaining to a designation of 
beneficiary is specifically asked for by a court of competent 
jurisdiction, it may be released to the court, but with a written notice 
that it is released under protest.
    (4) Except as provided in paragraphs (a)(2) and (a)(3) of this 
section, the Office shall not disclose information from the files, 
records, reports, or other papers and documents pertaining to a claim 
filed with the Office, whether potential, pending, or adjudicated. This 
information is deemed privileged and confidential.
    (b) On written request the Office shall return, to the person 
entitled to them, certificates of discharges, adoption papers, marriage 
certificates, decrees of divorce, letters testamentary or of 
administration, when they are no longer needed in the settlement of the 
claim. If papers returned constitute part of the material and essential 
evidence in a claim, the Office shall retain in the file photo or other 
copies of them or of the parts which appear to be of evidential value.

[47 FR 12937, Mar. 26, 1982]