[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR841.108]

[Page 264-265]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 841_FEDERAL EMPLOYEES RETIREMENT SYSTEM_GENERAL ADMINISTRATION--Table of 
 
                      Subpart A_General Provisions
 
Sec.  841.108  Disclosure of information.

    (a)(1) Except as provided in section 8461 of title 5, United States 
Code, OPM has in its possession or under its control records containing 
the following types of information:
    (i) Documentation of Federal service subject to FERS.
    (ii) Documentation of service credit and refund claims made under 
FERS.
    (iii) Retirement and death claims files, including documents 
supporting the retirement application, health benefits and life 
insurance eligibility, medical records supporting disability

[[Page 265]]

claims, and designations of beneficiaries.
    (iv) Claims review and correspondence files pertaining to benefits 
under the Federal Employees Health Benefits Program.
    (v) Documentation of claims made for life insurance and health 
benefits by annuitants under a Federal Government retirement system 
other than FERS.
    (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) Federal employee 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 pursuant to a routine use 
promulgated for such records and printed in OPM's periodic publication 
of notices of systems of records. However, a beneficiary designated in 
accordance with FERS (5 U.S.C. 8424(c)) will, 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 to other than the designator must be removed 
before the record is disclosed. 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, OPM will not disclose information from the files, records, 
reports, or other papers and documents pertaining to a claim filed with 
OPM, whether potential, pending, or adjudicated. This information is 
privileged and confidential.
    (b) On written request OPM will return, to the person entitled to 
them, certificates of discharge, 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, OPM 
will retain copies of them or of the parts of them that appear to be of 
evidentiary value.