[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Notices]
[Pages 64031-64037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25216]
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PENSION BENEFIT GUARANTY CORPORATION
Privacy Act of 1974: Systems of Records
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Notice of changes to systems of records and addition of routine
uses.
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SUMMARY: Pursuant to the Privacy Act of 1974, as amended (5 U.S.C.
552a), the Pension Benefit Guaranty Corporation is proposing two new
systems of records, adding new routine uses to existing systems of
records, and is amending two systems of records to make technical and
clarifying changes.
DATES: Comments on the new systems of records, proposed routine uses,
and technical and clarifying changes must be received on or before
November 25, 2013. The new systems of records, routine uses, and
technical and clarifying changes will become effective on December 9,
2013 without further notice, unless comments result in a contrary
determination and a notice is published to that effect.
ADDRESSES: You may submit written comments to PBGC by any of the
following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the Web site instructions for submitting comments.
Email: [email protected].
Fax: 202-326-4224.
Mail or Hand Delivery: Regulatory Affairs Group, Pension
Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-
4026.
Comments received, including personal information provided, will be
posted to http://www.pbgc.gov. Copies of comments may also be obtained
by writing to Disclosure Division, Office of the General Counsel,
Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC
20005-4026, or calling 202-326-4040 during normal business hours. (TTY
and TDD users may call the Federal relay service toll-free at 1-800-
877-8339 and ask to be connected to 202-326-4040.)
FOR FURTHER INFORMATION CONTACT: Marla Greenberg, Attorney, Pension
Benefit Guaranty Corporation, Office of the General Counsel, 1200 K
Street NW., Washington, DC 20005-4026, 202-326-4400 or 1-800-400-7242,
extension 3110 (TTY and TDD users may call the Federal relay service
toll-free at 1-800-877-8339 and ask to be connected to 202-326-4400).
For access to any of the PBGC's systems of records, contact PBGC's
Disclosure Officer, Office of the General Counsel, Disclosure Division,
at the above address, 202-326-4040 or 1-800-400-7242.
SUPPLEMENTARY INFORMATION: The PBGC is proposing to add two new systems
of records, PBGC-21, Reasonable Accommodation Records--PBGC; and PBGC-
22, Telework and Alternative Worksite Records--PBGC. In addition, PBGC
is proposing to alter the following systems of records maintained
pursuant to the Privacy Act of 1974, as amended, by adding new routine
uses: PBGC-2, Disbursements--PBGC (last updated at 75 FR 59252
(September 26, 2012)), and PBGC-6 Plan Participant and Beneficiary
Data--PBGC (last updated at 75 FR 59252 (September 26, 2012)). PBGC is
also amending two systems of records to make technical and clarifying
changes after undertaking a periodic review of those systems as
required under Appendix 1 to the Office of Management and Budget
(``OMB'') Circular A-130, Management of Federal Information Resources
(November 28, 2000). The two systems of records being amended are PBGC-
2, Disbursements (last published at 75 FR 59252 (September 26, 2012)),
and PBGC-6, Plan Participant and Beneficiary Data--PBGC (last published
at 75 FR 59252 (September 26, 2012)).
Revising Routine Uses in PBGC System of Records PBGC-2 and PBGC-6
PBGC-2
For PBGC-2, Disbursements--PBGC, PBGC is amending Routine Use 1 to
broaden the purpose of sharing information with the Department of the
Treasury to enable PBGC to verify consultants' and vendors' eligibility
to receive payments. This revision will enable PBGC to both effect
payments to
[[Page 64032]]
consultants and vendors, and to verify their eligibility to receive
such payments. PBGC has determined that it is prudent to broaden the
scope of the language to place consultants and vendors on notice that
PBGC can also determine the eligibility of these entities to receive
payments in addition to effecting payments.
PBGC-6
For PBGC-6, Plan Participant and Beneficiary Data--PBGC, PBGC is
proposing to revise four existing routine uses. Routine Use 1, as
revised, will permit the information of participants and beneficiaries
of pension plans covered under Title IV of the Employee Retirement
Income Security Act (``ERISA'') to be shared with parties outside of
PBGC that elect to pay a supplemental pension benefit to those
participants and beneficiaries. Routine Use 6, as revised, will no
longer require that a request for information be notarized. This change
will remove a barrier to requests made electronically. PBGC has also
determined it is prudent to revise Routine Use 7 to provide PBGC with
discretion to notify participants about information disclosed to an
alternate payee (or their representative) under a qualified domestic
relations order (QDRO). Routine Use 12, as revised, will consolidate
what were previously two separately-stated routine uses of the
information by the Department of the Treasury's Bureau of the Public
Debt and the Social Security Administration. This revision will also
allow PBGC to disclose payee information to the Internal Revenue
Service (``IRS'') to permit PBGC to verify payees' social security
numbers through an IRS matching program.
In addition, PBGC is planning to add three new routine uses to
PBGC-6, Plan Participant and Beneficiary Data--PBGC. The newly proposed
Routine Use 8 will provide a participant with the same right to
information that Routine Use 7 provides for an alternate payee to allow
a participant to pursue an administrative appeal of a benefit
determination. The newly proposed Routine Use 9 will allow PBGC to
disclose information needed to explain PBGC's calculation of a benefit
affected by a QDRO to participants and alternate payees. PBGC's newly
proposed Routine Use 13 will allow PBGC to determine which of its
payees who currently receive their benefits by paper check have
electronic debit card accounts and will enable PBGC to pay benefits
through these electronic deposit accounts.
Finally, PBGC is removing the applicability of PBGC's General
Routine Use G13 to PBGC-6, Plan Participant and Beneficiary Data--PBGC.
PBGC has determined that General Routine Use G13, which allows PBGC to
disclose information contained within a system of records to a federal
agency in connection with hiring or retaining an employee, does not
apply to this system of records.
Addition of System of Records
PBGC-21, Reasonable Accommodation Records--PBGC
PBGC is proposing to establish a new system of records entitled,
``PBGC-21, Reasonable Accommodation Records--PBGC.'' This proposed
system of records is necessary to the functions performed by the Human
Resources Department (``HRD''), and will cover only those files that
identify by name, or other personal identifier, individuals who request
or receive reasonable accommodations. The system includes records that
are used to determine qualification for reasonable accommodation for
prospective, current, or former employees, including medical
documentation. Additionally, records maintained in this system may
include an employee's name, personal address, and other personal
contact information; the employee's occupational series and grade
level; the employee's operating division/function office location,
mailing address, telephone number, and email address; information about
the individual's disability or medical condition; type of reasonable
accommodation requested; explanation of how a reasonable accommodation
would assist the employee in the performance of his/her job; relevant
medical documentation and other supporting documents; deciding
official's name and title; essential duties of the position;
information relating to an individual's capability to satisfactorily
perform the duties of the position currently held; estimated cost of
accommodation; whether the accommodation was requested pre-employment
or during employment with the agency; the amount of time taken to
process the request; whether the request was granted or denied, and, if
denied, the reason for the denial; the sources of technical assistance
consulted in trying to identify possible reasonable accommodations; and
other supporting documents relating to reasonable accommodation.
HRD, as it has always done, will continue to respect the privacy of
individuals named in these files and will disclose, within the
boundaries of the law, the least amount of information necessary to
perform its responsibilities.
The collection and maintenance of records subject to this system
are not new because records of the same type have been collected and
maintained in HRD since the establishment of PBGC's reasonable
accommodation program. Electronic information will be kept in an
environment with physical security, including protection by network and
system-specific user identification numbers to individuals needing
access to the records and by passwords set and periodically changed by
authorized users. Computers and hard copy records are maintained in a
secured environment.
Pursuant to 5 U.S.C. 552a(e)(11), interested persons are invited to
submit written comments on this proposal. A report on the proposed
system has been sent to Congress and the Office of Management and
Budget for their evaluation.
PBGC-22, Telework and Alternative Worksite Records--PBGC
PBGC is proposing to establish a new system of records entitled,
``PBGC-22, Telework and Alternative Worksite Records--PBGC.'' The
proposed system of records is necessary to the functions performed by
the Workplace Solutions Department (``WSD''), and will cover only those
files that identify by name, or other personal identifier, individuals
who have been granted or denied authorization to participate in PBGC's
Telework Program to work at an alternative worksite apart from their
official PBGC duty station. The system includes records that are used
to determine a prospective, current, or former employee's qualification
to participate in PBGC's Telework Program, including medical
documentation. Additionally, records maintained in this system may
include an employee's name, position title, grade, job series, and
department name; official PBGC duty station address and telephone
number; alternative worksite address and telephone number(s); date
telework agreement received and approved/denied; telework request and
approval form; telework agreement, self-certification home safety
checklist, and supervisor-employee checklist; type of telework
requested (e.g., episodic or regular); regular work schedule; telework
schedule; approvals/disapprovals; description and list of government-
owned equipment and software provided to the teleworker; mass transit
benefits received through PBGC's mass transit subsidy program; parking
subsidies received through PBGC's subsidized parking program; medical
documentation necessitating medical telework; and any other
[[Page 64033]]
miscellaneous documents supporting telework.
WSD, as it has always done, will continue to respect the privacy of
individuals named in these files and will disclose, within the
boundaries of the law, the least amount of information necessary to
perform its responsibilities.
The collection and maintenance of records subject to this system
are not new because records of the same type have been collected and
maintained in WSD since the establishment of PBGC's Telework program.
Electronic information will be kept in an environment with physical
security, including protection by network and system-specific user
identification numbers to individuals needing access to the records and
by passwords set and changed periodically by authorized users.
Computers and hard copy records are maintained in a secured
environment.
Pursuant to 5 U.S.C. 552a(e)(11), interested persons are invited to
submit written comments on this proposal. A report on the proposed
system has been sent to Congress and the Office of Management and
Budget for their evaluation.
Technical and Clarifying Amendments
PBGC is amending PBGC-2, Disbursements--PBGC, and PBGC-6, Plan
Participant and Beneficiary Data--PBGC. For its system of records,
PBGC-2, Disbursements--PBGC, PBGC is correcting and updating the
category of records maintained in this system of records. PBGC is also
proposing to amend another system of records, PBGC-6, Plan Participant
and Beneficiary Data--PBGC, to enable third parties to pay supplemental
pension benefits outside the scope of Title IV of ERISA to participants
and beneficiaries. These amendments clarify the nature and purposes of
these systems of records and reflect changes that have occurred since
they were last published.
Issued in Washington, DC this 18th day of September, 2013.
Joshua Gotbaum,
Director, Pension Benefit Guaranty Corporation.
PBGC-2
SYSTEM NAME:
Disbursements--PBGC.
SECURITY CLASSIFICATION:
Not applicable.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation, 1200 K Street NW.,
Washington, DC 20005-4026; PBGC, 1275 K Street NW., Washington, DC
20005-4026; PBGC Benefits Service, 2500 Grubb Road, Suites 140 and 221,
Wilmington, DE 19810; PBGC Document Management Center, 5971 Kingstowne
Village Parkway, Alexandria, VA 2231.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who are consultants and vendors to the PBGC.
CATEGORIES OF RECORDS IN THE SYSTEMS:
Acquisition data for the procurement of goods and services.
Consultant or vendor information including: Invoices; payment vouchers;
name; address; Commercial and Government Entity (CAGE) codes; Dun &
Bradstreet Data Universal Numbering System (DUNS) numbers; social
economic status; Web site; primary and/or government point of contact
(including name, address, telephone number, and fax number of
contacts); and taxpayer identification number.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1302; 44 U.S.C. 3101.
PURPOSE(S):
This system of records is maintained for use in determining amounts
to be paid and in effecting payments by the Department of the Treasury
to consultants and vendors.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. A record from this system of records may be transmitted to the
United States Department of the Treasury to effect payments to
consultants and vendors, or to verify consultants' and vendors'
eligibility to receive payments.
2. General Routine Uses G1 through G7, G9 through G12 apply to this
system of records.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Information may be disclosed to a consumer reporting agency in
accordance with 31 U.S.C. 3711(f) and/or (5 U.S.C. 552a(b)(12)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained by PBGC manually in file folders and/or in
electronic format, including computer databases, magnetic tapes, or
discs.
RETRIEVABILITY:
Records are indexed by name, tax payer identification number, and
contract number.
SAFEGUARDS:
Records are kept in file cabinets in areas of restricted access
that are locked after office hours. Electronic records are stored on
computer networks and are protected by assigning user identification
numbers to individuals needing access to the records and by passwords
set by authorized users that must be changed periodically.
RETENTION AND DISPOSAL:
Pursuant to PBGC's Simplified Records Schedule 1.2, PBGC retains
the records for seven years. Records also may be maintained on PBGC's
network back-up tapes.
Records existing on paper are destroyed by burning, pulping, or
shredding. Records existing on computer storage media are destroyed
according to the applicable PBGC media sanitization practice.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Financial Operations Department, Pension Benefit Guaranty
Corporation, 1200 K Street NW., Washington, DC 20005-4026.
NOTIFICATION PROCEDURE:
Procedures are detailed in PBGC regulations: 29 CFR Part 4902.
RECORD ACCESS PROCEDURES:
Same as notification procedure.
Contesting record procedures:
Same as notification procedure.
RECORD SOURCE CATEGORIES:
Individuals who are consultants and vendors to the PBGC.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
PBGC-6
SYSTEM NAME:
Plan Participant and Beneficiary Data--PBGC.
SECURITY CLASSIFICATION:
Not applicable.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation, 1200 K Street NW.,
Washington, DC 20005-4026 and/or field benefit administrator, plan
administrator, and paying agent worksites.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Participants, alternate payees, and beneficiaries in terminating
and terminated pension plans covered by Title IV of the Employee
Retirement Income Security Act of 1974, as amended (ERISA).
[[Page 64034]]
CATEGORIES OF RECORDS IN THE SYSTEM:
Names, addresses, telephone numbers, sex, social security numbers
and other Social Security Administration information, dates of birth,
dates of hire, salary, marital status, domestic relations orders, time
of plan participation, eligibility status, pay status, benefit data,
health-related information, insurance information where plan benefits
are provided by private insurers, pension plan names and numbers, and
initial and final PBGC determinations (29 CFR 4003.21 and 4003.59). The
records listed herein are included only as pertinent or applicable to
the individual plan participant, alternate payee, or beneficiary.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1055, 1056(d)(3), 1302, 1321, 1322, 1322a, 1341, 1342 and
1350; 26 U.S.C. 6103; 44 U.S.C. 3101.
PURPOSE(S):
This system of records is maintained for use in determining whether
participants, alternate payees, and beneficiaries are eligible for
benefits under plans covered by Title IV of ERISA, determining
supplemental payments to be paid to those persons by a party other than
PBGC, determining the amounts of benefits to be paid, making benefit
payments, collecting benefit overpayments, and complying with statutory
and regulatory mandates. Names, addresses, and telephone numbers are
used to survey customers to measure their satisfaction with the PBGC's
benefit payment services and to track (for follow-up) those who do not
respond to surveys.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. A record from this system of records may be disclosed to third
parties, such as banks, insurance companies, or trustees, to enable
these third parties to make or determine benefit payments to determine
supplemental payments by a party other than PBGC, to plan participants
and beneficiaries, and to report to the IRS the amounts of benefits--
paid or required to be paid under federal law and taxes withheld.
2. A record from this system of records may be disclosed, in
furtherance of proceedings under Title IV of ERISA, to a contributing
sponsor (or other employer who maintained the plan), including any
predecessor or successor, and any member of the same controlled group.
3. A record from this system of records may be disclosed, upon
request for a purpose authorized under Title IV of ERISA, to an
official of a labor organization recognized as the current or former
collective bargaining representative of the individual about whom a
request is made.
4. Payees' names, addresses, and telephone numbers and information
pertaining to debts owed by such payees to the PBGC may be disclosed to
the Department of the Treasury or a debt collection agency or firm to
collect a claim. Disclosure to a debt collection agency or firm shall
be made only under a contract issued by the federal government that
binds any such contractor or employee of such contractor to the
penalties of the Privacy Act. The information so disclosed shall be
used exclusively pursuant to the terms and conditions of such contract
and shall be used solely for the purposes prescribed therein. The
contract shall provide that the information so disclosed shall be
returned at the conclusion of the debt collection effort.
5. The name and social security number of a participant employed or
formerly employed as a pilot by a commercial airline may be disclosed
to the Federal Aviation Administration (FAA) to obtain information
relevant to the participant's eligibility or continued eligibility for
disability benefits.
6. The name of a participant's pension plan, the actual or
estimated amount of a participant's benefit under Title IV of ERISA,
the form(s) in which the benefit is payable, and whether the
participant is currently receiving benefit payments under the plan or
(if not) the earliest date(s) such payments could commence may be
disclosed to the participant's spouse, former spouse, child, or other
dependent solely to obtain a qualified domestic relations order under
29 U.S.C. 1056(d) and 26 U.S.C. 414(p). The PBGC will disclose the
information only upon the receipt of a written request by a prospective
alternate payee, or the payee's representative, that describes the
requester's relationship to the participant and states that the
information will be used solely to obtain a qualified domestic
relations order under state domestic relations law. The PBGC will
notify the participant of any information disclosed to a prospective
alternate payee or their representative under this routine use. Any
person who knowingly and willfully requests or obtains any record
concerning an individual under false pretenses is subject to a criminal
penalty under 5 U.S.C. 552a(i)(3).
7. Information from a participant's initial determination under 29
CFR 4003.1(b) (excluding the participant's address, telephone number,
social security number, and any sensitive medical information) may be
disclosed to an alternate payee, or their representative, under a
qualified domestic relations order issued pursuant to 29 U.S.C. 1056(d)
and 26 U.S.C. 414(p) to explain how the PBGC determined the benefit due
the alternate payee so that the alternate payee can pursue an
administrative appeal of the benefit determination under 29 CFR
4003.51. The PBGC may notify the participant of the information
disclosed to an alternate payee or their representative under this
routine use.
8. Information from an alternate payee's initial determination
under 29 CFR 4003.1(b) (excluding the alternate payee's address,
telephone number, social security number, and any sensitive medical
information) may be disclosed to a participant, or their
representative, under a qualified domestic relations order issued
pursuant to 29 U.S.C. 1056(d) and 26 U.S.C. 414(p) to explain how the
PBGC determined the benefit due the participant so that the participant
can pursue an administrative appeal of the benefit determination under
29 CFR 4003.51. The PBGC may notify the alternate payee of the
information disclosed to a participant or their representative under
this routine use.
9. Information used in calculating the benefit, or share of the
benefit, of a participant or alternate payee (excluding the
participant's or alternate payee's address, telephone number, social
security number, and any sensitive medical information) may be
disclosed to a participant or an alternate payee, or their
representative, when (a) a qualified domestic relations order issued
pursuant to 29 U.S.C. 1056(d) and 26 U.S.C. 414(p) affects the
calculation of the benefit, or share of the benefit, of the participant
or alternate payee; and (b) the information is needed to explain to the
participant or alternate payee how the PBGC calculated the benefit, or
share of the benefit, of the participant or alternate payee. The PBGC
may notify the participant or the alternate payee, or their
representative, as appropriate, of the information disclosed to the
participant or the alternate payee, or their representative, under this
routine use.
10. The names, addresses, social security numbers, dates of birth,
and the pension plan name and number of eligible PBGC pension
recipients may be disclosed to the Department of the Treasury and the
Department of Labor to implement the income tax credit for health
insurance costs under 26 U.S.C. 35 and the program for advance
[[Page 64035]]
payment of the tax credit under 26 U.S.C. 7527.
11. The names, addresses, social security numbers, and dates of
birth of eligible PBGC pension recipients residing in a particular
state may be disclosed to the state's workforce agency if the agency
received a National Emergency Grant from the Department of Labor under
the Workforce Investment Act of 1988 to provide health insurance
coverage assistance and support services for state residents under 29
U.S.C. 2918(a) and (f).
12. Payees' names, social security numbers, and dates of birth may
be provided to the Department of the Treasury's Bureau of the Public
Debt, the Social Security Administration, and the Internal Revenue
Service to verify payees' eligibility to receive payments.
13. Names and social security numbers of participants and
beneficiaries may be provided to the Department of the Treasury, the
Department of the Treasury's financial agent, and the Federal Reserve
Bank for the purpose of learning which of PBGC's check payees have
established electronic debit card accounts used for the electronic
deposit of federal benefit payments.
14. General Routine Uses G1, G2, G4 through G7, G9 through G12
apply to this system of records.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Information may be disclosed to a consumer reporting agency in
accordance with 31 U.S.C. 3711(f) (5 U.S.C. 552a(b)(12)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in paper, microfiche, and electronic form.
RETRIEVABILITY:
Records are indexed by plan name and number, and participant and/or
beneficiary name. Customer satisfaction survey responses are aggregated
for statistical purposes after they have been received by the PBGC and
are not retrievable by a participant or beneficiary's name or other
assigned identifier.
SAFEGUARDS:
Paper and microfiche records are kept in file folders in areas of
restricted access that are locked after office hours. Electronic
records are stored on computer networks and protected by assigning user
identification numbers to individuals needing access to the records and
by passwords set by authorized users that must be changed periodically.
RETENTION AND DISPOSAL:
Records for participants in a particular plan are destroyed seven
years after all payments have been made to all participants,
beneficiaries, and alternate payees associated with that plan. Records
existing on paper or microfiche are destroyed by shredding. Records
existing on other media and computer storage media are destroyed
according to the applicable PBGC Information Assurance Handbook
guidance on media sanitization practice.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Benefits Administration and Payment Department, Pension
Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-
4026.
NOTIFICATION PROCEDURE:
Procedures are detailed in the PBGC's regulations: 29 CFR Part
4902.
RECORD ACCESS PROCEDURES:
Same as notification procedure.
CONTESTING RECORDS PROCEDURE:
Same as notification procedure.
RECORD SOURCE CATEGORIES:
Plan administrators, participants, alternate payees, and
beneficiaries, the FAA, and the IRS.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
PBGC-21
SYSTEM NAME:
PBGC-21, Reasonable Accommodation Records--PBGC.
SECURITY CLASSIFICATION:
Not applicable.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation, 1200 K Street NW.,
Washington, DC 20005-4026.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Prospective, current, and former employees of the PBGC who request
or receive a reasonable accommodation under Sections 501, 504, and 701
of the Rehabilitation Act of 1973 and the Americans with Disabilities
Act Amendments Act (ADAAA) of 2008. This also includes authorized
individuals or representatives (e.g., family members, union
representatives, or attorneys) who file requests for reasonable
accommodation on behalf of an applicant for employment, current
employees, and former employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records that are used to determine qualification for reasonable
accommodation, including medical documentation. The records may include
requests for reasonable accommodation, as well as position
descriptions, medical records, notes or records made during
consideration of requests, and decisions on requests. Additionally,
records may include an employee's name, personal address, and other
personal contact information; the employee's occupational series and
grade level; the employee's operating division/function, office
location, mailing address, telephone number, and email address;
information about the nature of the individual's disability or medical
condition; type of reasonable accommodation requested; explanation of
how a reasonable accommodation would assist the employee in the
performance of his/her job; relevant medical documentation and other
supporting documents; deciding official's name and title; essential
duties of the position; information relating to an individual's
capability to satisfactorily perform the duties of the position
currently held; estimated cost of accommodation; whether the
accommodation was requested pre-employment or during employment with
the agency; the amount of time taken to process the request; whether
the request was granted or denied, and, if denied, the reason for the
denial; the sources of technical assistance consulted in trying to
identify possible reasonable accommodations; and other supporting
documents relating to reasonable accommodation.
If an accommodation request is made by a family member, health
professional, attorney, or representative of a PBGC employee or
applicant, the records may contain the requester's name, email address,
mailing address, telephone number, and any additional information
provided by the requester relating to the processing of the request.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 501, 504, and 701 of the Rehabilitation Act of 1973; ADA
Amendments of 2008; Executive Order 13164 (July 28, 2000); and
Executive Order 13548 (July 10, 2010).
PURPOSE(S):
The purpose of this system is to allow PBGC to collect and maintain
records on prospective, current, and former employees with disabilities
who requested or received reasonable accommodation by PBGC as required
by Sections 501, 504, and 701 of the Rehabilitation Act of 1973 and the
[[Page 64036]]
ADAAA of 2008. The purpose of this system is also to track and report
the processing of requests for reasonable accommodation PBGC-wide to
comply with applicable law and regulations, and to preserve and
maintain the confidentiality of medical information submitted by or on
behalf of applicants or employees requesting reasonable accommodation.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. A record from this system of records may be disclosed to
physicians or other medical professionals to provide them with or
obtain from them the necessary medical documentation and/or
certification for reasonable accommodation.
2. A record from this system of records may be disclosed to another
federal agency or commission with responsibility for labor or
employment relations or other issues, including equal employment
opportunity and reasonable accommodation issues, when that agency or
commission has jurisdiction over reasonable accommodation issues.
3. A record from this system of records may be disclosed to the
Office of Management and Budget (OMB), Department of Labor (DOL),
Office of Personnel Management (OPM), Equal Employment Opportunity
Commission (EEOC), or Office of Special Counsel (OSC) to obtain advice
regarding statutory, regulatory, policy, and other requirements related
to reasonable accommodation.
4. A record from this system of records may be disclosed to
appropriate third-parties contracted by the Agency to facilitate
mediation or other dispute resolution procedures or programs.
5. A record from this system of records may be disclosed to the
Department of Defense (DOD) for purposes of procuring assistive
technologies and services through the Computer/Electronic Accommodation
Program in response to a request for reasonable accommodation.
6. General Routine Uses G1 through G13.
DISCLOSUSRE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained manually in file folders and/or in automated
form, including computer databases, magnetic tapes, or discs. Records
are also maintained on PBGC's network back-up tapes.
RETRIEVABILITY:
Records are indexed and retrieved using employee name and fiscal
year of request for (or receipt of) reasonable accommodation.
SAFEGUARDS:
Paper records are kept in file cabinets in areas of restricted
access that are locked after office hours. Only authorized personnel
may be given access to either the secured area or the locked file
cabinet. Electronic records are stored on computer networks and
protected by assigning both network and system-specific user
identification numbers to individuals needing access to the records and
by passwords set by authorized users that must be changed periodically.
Access to electronic records is limited to only those individuals who
have a need to know the information for the performance of their
official duties and who have appropriate clearances or permissions.
RETENTION AND DISPOSAL:
Pursuant to NARA General Records Schedule (GRS) 1 Section 24,
records are maintained for three years from the employee's separation
from PBGC or after all appeals have concluded, whichever is later.
Records are also maintained on PBGC's network back-up tapes. All
medical information, including information about functional limitations
and reasonable accommodation needs obtained in connection with a
request for reasonable accommodation, must be kept confidential and
shall be maintained in files separate from the individual's official
personnel file. Additionally, employees who obtain or receive such
information are strictly bound by these confidentiality requirements.
Whenever medical information is disclosed, the individual disclosing
the information must inform the recipients of the information about the
confidentiality requirements that attach to it.
SYSTEM MANAGER(S) AND ADDRESS:
Reasonable Accommodation Coordinator, Human Resources Department,
Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC
20005-4026.
NOTIFICATION PROCEDURE:
Procedures are detailed in PBGC regulations: 29 CFR part 4902.
RECORD ACCESS PROCEDURES:
Same as notification procedure.
CONTESTING RECORD PROCEDURES:
Same as notification procedure.
RECORD SOURCE CATEGORIES:
Prospective, current, and former PBGC employees.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
PBGC-22
SYSTEM NAME:
Telework and Alternative Worksite Records--PBGC.
SECURITY CLASSIFICATION:
Not applicable.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation, 1200 K Street NW.,
Washington, DC 20005-4026.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Prospective, current, and former employees of the PBGC who have
been granted or denied authorization to participate in PBGC's Telework
Program to work at an alternative worksite apart from their official
PBGC duty station.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records include an employee's name, position title, grade, job
series, and department name; official PBGC duty station address and
telephone number; alternative worksite address and telephone number(s);
date telework agreement received and approved/denied; telework request
and approval form; telework agreement, self-certification home safety
checklist, and supervisor-employee checklist; type of telework
requested (e.g., episodic or regular); regular work schedule; telework
schedule; approvals/disapprovals; description and list of government-
owned equipment and software provided to the teleworker; mass transit
benefits received through PBGC's mass transit subsidy program; parking
subsidies received through PBGC's subsidized parking program; medical
documentation necessitating medical telework; and any other
miscellaneous documents supporting telework.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 6120, Telecommuting in Executive Agencies; 29 U.S.C. 701
et seq.
PURPOSE(S):
The purpose of this system is to allow PBGC to collect and maintain
records on prospective, current, and former employees who seek to
participate in PBGC's Telework Program.
[[Page 64037]]
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. A record from this system may be disclosed to medical
professionals to obtain information about an employee's medical
background necessary to grant or deny approval of medical telework.
2. A record from this system may be disclosed to federal, state, or
local governments during actual emergencies, exercises, or continuity
of operations tests for the purposes of emergency preparedness and
responding to emergency situations.
3. A record from this system may be disclosed to the Department of
Labor when an employee is injured when working at home while in the
performance of normal duties.
4. A record from this system may be disclosed to the Office of
Personnel Management (OPM) for use in its Telework Survey to provide
consolidated data on participation in PBGC's Telework Program.
5. A record from this system of records may be disclosed to
appropriate third-parties contracted by the Agency to facilitate
mediation or other dispute resolution procedures or programs.
6. PBGC's General Routine Uses G1 through G13 also apply to this
system of records.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained manually in file folders and/or in automated
form, including computer databases, magnetic tapes, or discs. Records
are also maintained on PBGC's network back-up tapes.
RETRIEVABILITY:
Records are indexed and retrieved using employee name and by the
department in which the employee works, will work, or previously
worked.
SAFEGUARDS:
Paper records are kept in file cabinets in areas of restricted
access that are locked after office hours. Only authorized personnel
may be given access to either the secured area or the locked file
cabinet. Electronic records are stored on computer networks and
protected by assigning both network and system-specific user
identification numbers to individuals needing access to the records and
by passwords set by authorized users that must be changed periodically.
Access to electronic records is limited only to those individuals who
have a need to know the information for the performance of their
official duties and who have appropriate clearances or permissions.
RETENTION AND DISPOSAL:
Records are destroyed two years after the employee's participation
in the program ends. Unapproved requests are destroyed two years after
the request is rejected.
SYSTEM MANAGER(S) AND ADDRESS:
Telework Coordinator, Workplace Solutions Department, Pension
Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-
4026.
NOTIFICATION PROCEDURE:
Procedures are detailed in PBGC regulations: 29 CFR Part 4902.
RECORD ACCESS PROCEDURES:
Same as notification procedure.
CONTESTING RECORD PROCEDURES:
Same as notification procedure.
RECORD SOURCE CATEGORIES:
Prospective, current, and former PBGC employees.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2013-25216 Filed 10-24-13; 8:45 am]
BILLING CODE 7709-02-P