[Federal Register Volume 81, Number 3 (Wednesday, January 6, 2016)]
[Notices]
[Pages 517-523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33294]
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PENSION BENEFIT GUARANTY CORPORATION
Privacy Act of 1974; Systems of Records
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Notice of revision of the Categories of Individuals Covered by
the System, revision of the Categories of Records in the System,
revision of routine uses, revision of the Safeguards, and revision of
the Record Source Categories.
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SUMMARY: Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, the
Pension Benefit Guaranty Corporation (PBGC) is proposing to make the
following changes to PBGC-6, an existing system of records: (1) Revise
the Categories of Individuals Covered by the System, (2) revise the
Categories of Records in the System, (3) revise an existing routine
use, (4) add two new routine uses, (5) revise the Safeguards, and (6)
revise the Record Source Categories. PBGC is also proposing to make the
following changes to PBGC-9, an existing system of records: (1) Revise
the Categories of Records in the System, (2) revise an existing routine
use, (3) add a new routine use, and (4) revise the Safeguards.
DATES: Comments must be received on or before February 5, 2016. The
revised systems of records described herein will become effective
February 22, 2016, 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: Office of the General Counsel,
Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC
20005.
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, 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: Elizabeth Logan, Attorney, Pension
Benefit Guaranty Corporation, Office of the General Counsel, 1200 K
Street NW., Washington, DC 20005, 202-326-4400, extension 3004, or
Sarah Smith, Attorney, Pension Benefit Guaranty Corporation, Office of
the General Counsel, 1200 K Street NW., Washington, DC 20005, 202-326-
4400, extension 3171. For access to any of the PBGC's systems of
records, contact Camilla Perry, Disclosure Officer, Office of the
General Counsel, Disclosure Division, at the above address, 202-326-
4040.
SUPPLEMENTARY INFORMATION:
(1) PBGC Is Proposing To Revise the Categories of Individuals Covered
by the System for PBGC-6
PBGC is proposing to revise the Categories of Individuals Covered
by the System for PBGC-6, Plan Participant and Beneficiary Data--PBGC
(last revised at 79 FR 53572 (September 9, 2014)). The section titled
Categories of Individuals Covered by the System currently reads,
``Participants, alternate payees, and beneficiaries in terminating and
terminated pension plans covered ERISA.''
Sometimes individuals who believe that they may be owed benefits
from PBGC contact PBGC to inquire about these benefits, and sometimes
it is determined that such an individual is not owed any benefit (for
reasons such as the individual already received a lump-sum payment or
was not a participant in any terminated pension plans for which PBGC is
the trustee). Because these individuals are not participants, alternate
payees, or beneficiaries, they are not covered by PBGC-6 as it is
currently written. This limits PBGC's recordkeeping abilities.
As such, PBGC is proposing to add, ``and other individuals who
contact PBGC regarding benefits they may be owed from PBGC,'' to the
end of the current language in the Categories of Individuals Covered by
the System. The amended language clarifies that PBGC may also collect
information about individuals who are not participants or beneficiaries
in a PBGC-trusteed plan for the purpose of determining whether they are
owed a benefit from PBGC.
(2) PBGC Is Proposing To Revise the Categories of Records in the System
for PBGC-6.
PBGC is proposing to revise the Categories of Records in the System
for PBGC-6, Plan Participant and Beneficiary Data--PBGC (last revised
at 79 FR 53572 (September 9, 2014)).
Categories of Records in the System currently reads, ``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, including
records of benefit payments made to participants, alternate payees, and
beneficiaries in terminating and terminated pension plans covered by
ERISA; health-related information; powers of attorney; insurance
information where plan benefits are provided by private insurers;
pension plan names and numbers; initial and final PBGC determinations
(see 29 CFR 4003.21 and
[[Page 518]]
4003.59); and other records relating to debts owed to PBGC.''
To clarify and more accurately describe the records in PBGC-6, PBGC
is proposing to add the following additional record categories: Email
addresses, dates of death, and employment history.
(3) PBGC Is Proposing To Revise Routine Use 14 for PBGC-6
PBGC is proposing to modify Routine Use 14 for PBGC-6, Plan
Participant and Beneficiary Data--PBGC (last revised at 79 FR 53572
(September 9, 2014)).
Currently, Routine Use 14 allows PBGC to provide the names and
social security numbers of participants and beneficiaries 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. PBGC
implemented this routine use for a pilot program which PBGC now intends
to implement permanently.
PBGC is proposing that Routine Use 14 be modified to read, ``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 electronic debit
card accounts used for the electronic deposit of federal benefit
payments, and for establishing electronic debit card accounts for
eligible participants and beneficiaries, and for administering payments
to participants and beneficiaries who have selected this method of
payment.''
The amended routine use will allow PBGC to share information with
the Department of the Treasury, its financial agent, and the Federal
Reserve Bank, both for the purpose of learning which of PBGC's check
payees have electronic debit card accounts, as well as for the purpose
of establishing new electronic debit card accounts for eligible
participants and beneficiaries.
(4) PBGC Is Proposing To Add Two Routine Uses to PBGC-6
PBGC is proposing to add two new routine uses to PBGC-6, Plan
Participant and Beneficiary Data--PBGC (last revised at 79 FR 53572
(September 9, 2014)).
a. Routine Use 17
PBGC seeks to establish a pilot program with the Department of
Labor, Employee Benefits Security Administration (EBSA), in which PBGC
will share information about missing participants and beneficiaries
with EBSA, and EBSA will search for those missing individuals. PBGC is
proposing to add a routine use to PBGC-6 to allow PBGC to provide this
information to EBSA, and possibly to other private firms and agencies
that provide locator services to locate participants and beneficiaries
in the future.
PBGC proposes that the new routine use read, ``Names, social
security numbers, last known addresses, dates of birth and death,
amount of benefit, pension plan name, plan EIN/PIN number, name of plan
sponsor, and the city and state of the plan sponsor of plan
participants and beneficiaries may be disclosed to private firms and
agencies that provide locator services (including credit reporting
agencies and debt collection firms or agencies), to locate participants
and beneficiaries. Such information will be disclosed only if the PBGC
has no address for an individual or if mail sent to the individual at
the last known address is returned as undeliverable. Disclosure shall
be made only under a contract that subjects the firm or agency
providing the service and its employees to the criminal 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 or destroyed at the
conclusion of the locating effort.''
The new routine use will allow PBGC to share additional information
with EBSA to facilitate its efforts to find missing participants and
beneficiaries for PBGC, and will give PBGC flexibility to enter into
other similar agreements in the future. Notably, this routine use
mirrors existing Routine Use 4 (with proposed revisions incorporated)
of PBGC-9. In short, this change enhances PBGC's ability to locate
missing participants and beneficiaries that are owed a benefit from
PBGC.
b. Routine Use 18
On occasion, PBGC may enter into legal settlement agreements with
third parties. As a result of these agreements, PBGC may be required,
or choose, to share information from PBGC-6 with third parties covered
by or created under these agreements.
To facilitate full performance of such agreements, PBGC is
proposing to add a new routine use that reads, ``Names, social security
numbers, last known addresses, dates of birth and death, employment
history, and pay status of individuals covered by legal settlement
agreements involving PBGC may be disclosed to entities covered by or
created under those agreements.''
The new routine use will allow PBGC to share information with third
parties covered by or created under settlement agreements that PBGC has
entered into and will enter into in the future.
(5) PBGC Is Proposing To Revise the Safeguards for PBGC-6
PBGC is proposing to revise the Safeguards for PBGC-6, Plan
Participant and Beneficiary Data--PBGC (last revised at 79 FR 53572
(September 9, 2014)). The relevant portion of the Safeguards section
currently reads, ``Paper and electronic records that contain federal
tax information are stored separately and are kept in locked file
cabinets in areas of restricted access under procedures that meet IRS
safeguarding standards.'' (The other portions of the Safeguards section
are accurate as currently written.)
To clarify and more accurately describe PBGC's safeguards for
federal tax information, PBGC is proposing to revise the current
language to read, ``Paper and electronic records that contain federal
tax information are stored under procedures that meet IRS safeguarding
standards.''
(6) PBGC Is Proposing To Revise the Record Source Categories for PBGC-6
PBGC is proposing to revise the Record Source Categories for PBGC-
6, Plan Participant and Beneficiary Data--PBGC (last revised at 79 FR
53572 (September 9, 2014)). Record Source Categories currently reads,
``Plan Administrators; participants, alternate payees, beneficiaries;
agents listed on power of attorneys; field benefit administrator
offices; the SSA; the FAA; and the IRS.''
Sometimes individuals who believe that they may be owed benefits
from PBGC contact PBGC to inquire about these benefits, and sometimes
it is determined that such an individual is not owed any benefit (for
reasons such as the individual already received a lump-sum payment or
was not a participant in any terminated pension plans for which PBGC is
the trustee). Because these individuals are not participants, alternate
payees, or beneficiaries, they are not covered by PBGC-6 as it is
currently written. This limits PBGC's recordkeeping abilities.
As such, PBGC is proposing that Record Source Categories be amended
to include, ``and other individuals who contact PBGC regarding benefits
they may be owed from PBGC.'' The amended language clarifies that PBGC
[[Page 519]]
may also collect information about individuals who are not participants
or beneficiaries in a PBGC-trusteed plan for the purpose of determining
whether they are owed a benefit from PBGC.
(7) PBGC Is Proposing To Revise the Categories of Records in the System
for PBGC-9
PBGC is proposing to revise the Categories of Records in the System
for PBGC-9, Unclaimed Pensions--PBGC (last revised at 79 FR 53572
(September 9, 2014)).
Categories of Records in the System currently reads, ``Names;
social security numbers; addresses; email addresses; telephone numbers;
pension plans names; and pension plan numbers.''
To clarify and more accurately describe the records in PBGC-9, PBGC
is proposing to add the following additional record categories: Dates
of birth and death, employment history, and pay status.
(8) PBGC Is Proposing To Revise Routine Use 4 for PBGC-9
PBGC is proposing to modify Routine Use 4 for PBGC-9, Unclaimed
Pensions--PBGC (last revised at 79 FR 53572 (September 9, 2014)).
Currently, Routine Use 4 allows PBGC to provide names, social
security numbers, last known addresses, and dates of birth and death to
private firms and agencies that provide locator services, including
credit reporting agencies and debt collection firms or agencies, to
locate participants and beneficiaries. The routine use allows this
information to be disclosed when PBGC has no address for an individual
or if mail sent to the individual at the last known address is returned
as undeliverable.
As discussed above, PBGC seeks to establish a pilot program with
the Department of Labor, Employee Benefits Security Administration
(EBSA), in which PBGC will share information about missing participants
and beneficiaries with EBSA, and EBSA will search for those missing
individuals.
To maximize the effectiveness of the EBSA program, and other
similar programs that PBGC may engage in at some later date, PBGC is
proposing to modify Routine Use 4 to allow PBGC to provide additional
information to private firms and agencies that provide locator services
to locate participants and beneficiaries. Specifically, PBGC proposes
to add, ``amount of benefit, pension plan name, plan EIN/PIN number,
name of plan sponsor, and the city and state of the plan sponsor of
plan participants and beneficiaries,'' to the routine use. The amended
routine use will allow PBGC to share additional information with EBSA
in order to facilitate its efforts to find missing participants and
beneficiaries, and will give PBGC flexibility to enter into other
similar agreements in the future. In short, this change enhances PBGC's
ability to locate missing participants and beneficiaries that are owed
a benefit from PBGC.
(9) PBGC Is Proposing To Add a Routine Use to PBGC-9
PBGC is proposing to add a routine use to PBGC-9, Unclaimed
Pensions--PBGC (last revised at 79 FR 53572 (September 9, 2014)).
On occasion, PBGC may enter into legal settlement agreements with
third parties. As a result of these agreements, PBGC may be required,
or choose, to share information from PBGC-9 with third parties covered
by or created under these agreements.
To facilitate full performance of such agreements, PBGC is
proposing to add a new routine use that reads, ``Names, social security
numbers, last known addresses, dates of birth and death, employment
history, and pay status of individuals covered by legal settlement
agreements involving PBGC may be disclosed to entities covered by or
created under those agreements.''
Like proposed Routine Use 18 for PBGC-6, this new routine use will
allow PBGC to share information with third parties covered by or
created under settlement agreements that PBGC has entered into and will
enter into in the future.
(10) PBGC Is Proposing To Revise the Safeguards for PBGC-9
PBGC is proposing to revise the Safeguards for PBGC-9, Unclaimed
Pensions--PBGC (last revised at 79 FR 53572 (September 9, 2014)).The
relevant portion of the Safeguards section currently reads, ``Paper and
electronic records that contain federal tax information are stored
separately and are kept in locked file cabinets in areas of restricted
access under procedures that meet IRS safeguarding standards.'' (The
other portions of the Safeguards section are accurate as currently
written.)
To clarify and more accurately describe PBGC's safeguards for
federal tax information, PBGC is proposing to revise the current
language to read, ``Paper and electronic records that contain federal
tax information are stored under procedures that meet IRS safeguarding
standards.''
Pursuant to 5 U.S.C. 552a(e)(11), interested persons are invited to
submit written comments on the proposed updates to PBGC's systems of
records. A report on the proposed systems has been sent to Congress and
the Office of Management and Budget for their evaluation.
For the convenience of the public, PBGC-6 and PBGC-9 are published
in full below with changes italicized.
Issued in Washington, DC this 28 day of December, 2015.
W. Thomas Reeder,
Director, Pension Benefit Guaranty Corporation.
PBGC-6: Plan Participant and Beneficiary Data
System Name:
Plan Participant and Beneficiary Data--PBGC.
Security Classification:
None.
System Location:
PBGC, 1200 K Street NW., Washington, DC 20005, and/or field benefit
administrator, plan administrator, and paying agent worksites.
Categories of Individuals Covered by the System:
Participants, alternate payees, beneficiaries in terminating and
terminated pension plans covered by ERISA, and other individuals who
contact PBGC regarding benefits they may be owed from PBGC.
Categories of Records in the System:
Names; addresses; telephone numbers; email addresses; sex; social
security numbers and other Social Security Administration information;
dates of birth and death; dates of hire; salary; employment history;
marital status; domestic relations orders; time of plan participation;
eligibility status; pay status; benefit data, including records of
benefit payments made to participants, alternate payees, and
beneficiaries in terminating and terminated pension plans covered by
ERISA; health-related information; powers of attorney; insurance
information where plan benefits are provided by private insurers;
pension plan names and numbers; initial and final PBGC determinations
(see 29 CFR 4003.21 and 4003.59); and other records relating to debts
owed to PBGC.
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; 29 U.S.C. 1302; 44 U.S.C. 3101; 5 U.S.C. 301.
[[Page 520]]
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 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 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:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. General Routine Uses G1, G2, G4 through G7, and G9 through G12
apply to this system of records (see Prefatory Statement of General
Routine Uses).
2. A record from this system of records may be disclosed to third
parties, such as banks, insurance companies, or trustees:
a. To enable these third parties to make or determine benefit
payments, or
b. To report to the IRS the amounts of benefits paid (or required
to be paid) and taxes withheld.
3. 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.
4. 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.
5. Payees' names, addresses, telephone numbers, and information
related to how PBGC determined that a debt was 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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 payment
of the tax credit under 26 U.S.C. 7527.
12. 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).
13. 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.
14. Names and social security numbers of participants and
[[Page 521]]
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
electronic debit card accounts used for the electronic deposit of
federal benefit payments, and for establishing electronic debit card
accounts for eligible participants and beneficiaries, and for
administering payments to participants and beneficiaries who have
selected this method of payment.
15. Information relating to revocation of a power of attorney may
be disclosed to the former agent that was named in the revoked power of
attorney.
16. The name and date of birth of a participant's beneficiary may
be provided to that participant upon request by that participant.
17. Names, social security numbers, last known addresses, dates of
birth and death, amount of benefit, pension plan name, plan EIN/PIN
number, name of plan sponsor, and the city and state of the plan
sponsor of plan participants and beneficiaries may be disclosed to
private firms and agencies that provide locator services (including
credit reporting agencies and debt collection firms or agencies) to
locate participants and beneficiaries. Such information will be
disclosed only if the PBGC has no address for an individual or if mail
sent to the individual at the last known address is returned as
undeliverable. Disclosure shall be made only under a contract that
subjects the firm or agency providing the service and its employees to
the criminal 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 or destroyed at the conclusion of the locating effort.
18. Names, social security numbers, last known addresses, dates of
birth and death, employment history, and pay status of individuals
covered by legal settlement agreements involving PBGC may be disclosed
to entities covered by or created under those agreements.
Disclosure to Consumer Reporting Agencies:
Information may be disclosed to a consumer reporting agency in
accordance with 31 U.S.C. 3711(e).
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records are maintained in paper and/or electronic form, including
computer databases, magnetic tapes, and discs. Records are also
maintained on PBGC's network back-up tapes.
Retrievability:
Records are retrieved by any one or more of the following: name;
social security number; customer identification number; date of birth;
or date of death.
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of the information, and to
ensure that records are not disclosed to or accessed by unauthorized
individuals.
Paper and electronic records that contain federal tax information
are stored under procedures that meet IRS safeguarding standards.
Other paper and microfiche records that do not contain federal tax
information are kept in file folders in areas of restricted access that
are locked after office hours. Electronic records that do not contain
federal tax information 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 are maintained in accordance with the General Records
Retention Schedules issued by the National Archives and Records
Administration (NARA) or a PBGC records disposition schedule approved
by NARA.
Records existing on paper are destroyed beyond recognition. 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, PBGC,
1200 K Street NW., Washington, DC 20005.
Notification Procedure:
Individuals wishing to learn whether this system of records
contains information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and
provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Record Access Procedure:
Individuals wishing to request access to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Contesting Record Procedure:
Individuals wishing to request an amendment to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. A statement specifying the changes to be made in the records and
the justification therefor.
d. The address to which the response should be sent.
e. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Record Source Categories:
Plan administrators; participants, alternate payees, beneficiaries,
and
[[Page 522]]
other individuals who contact PBGC regarding benefits they may be owed
from PBGC; agents listed on power of attorneys; field benefit
administrator offices; the SSA; the FAA; and the IRS.
Exemptions Claimed for the System:
PBGC-9: Unclaimed Pensions
System Name:
Unclaimed Pensions--PBGC.
System Classification:
None.
System Location:
PBGC, 1200 K Street NW., Washington, DC 20005 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 ERISA.
Categories of Records in the System:
Names; dates of birth and death; social security numbers;
addresses; email addresses; telephone numbers; pension plans names;
pension plan numbers; employment history; and pay status.
Authority for Maintenance of the System:
29 U.S.C. 1055, 1056(d)(3), 1302, 1321, 1322, 1322a, 1341, 1342,
and 1350; 29 U.S.C. 1203; 44 U.S.C. 3101; 5 U.S.C. 310.
Purpose(s):
This system of records is maintained to locate participants,
alternate payees, and beneficiaries of pension plans covered by ERISA.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 552a(b), and:
1. General Routine Uses G1 and G4 through G7, G9 through G11 apply
to this system of records (see Prefatory Statement of General Routine
Uses).
2. Names and social security numbers of plan participants and
beneficiaries may be disclosed to the Internal Revenue Service to
obtain current addresses from tax return information and to the Social
Security Administration to obtain current addresses. Such information
will be disclosed only if the PBGC has no address for an individual or
if mail sent to the individual at the last known address is returned as
undeliverable.
3. Names and last known addresses may be disclosed to an official
of a labor organization recognized as the collective bargaining
representative of participants for posting in union halls or for other
means of publication to obtain current addresses of participants and
beneficiaries. Such information will be disclosed only if the PBGC has
no address for an individual or if mail sent to the individual at the
last known address is returned as undeliverable.
4. Names, social security numbers, last known addresses, dates of
birth and death, amount of benefit, pension plan name, plan EIN/PIN
number, name of plan sponsor, and the city and state of the plan
sponsor of plan participants and beneficiaries may be disclosed to
private firms and agencies that provide locator services, including
credit reporting agencies and debt collection firms or agencies, to
locate participants and beneficiaries. Such information will be
disclosed only if the PBGC has no address for an individual or if mail
sent to the individual at the last known address is returned as
undeliverable. Disclosure shall be made only under a contract that
subjects the firm or agency providing the service and its employees to
the criminal 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 or destroyed at the conclusion of the locating effort.
5. Names and addresses may be disclosed to licensees of the United
States Postal Service (``USPS'') to obtain current addresses under the
USPS's National Change of Address Linkage System (NCOA). Disclosure
shall be made only under a contract that binds the licensee of the
Postal Service and its employees to the criminal penalties of the
Privacy Act. The contract shall provide that the records disclosed by
PBGC shall be used exclusively for updating addresses under NCOA and
must be returned to PBGC or destroyed when the process is completed.
The records will be exchanged electronically in an encrypted format.
6. Names and last known addresses may be disclosed to other
participants in, and beneficiaries under, a pension plan to obtain the
current addresses of individuals. Such information will be disclosed
only if the PBGC has no address for an individual or if mail sent to
the individual at the last known address is returned as undeliverable.
7. Names and last known addresses of participants and
beneficiaries, and the names and addresses of participants' former
employers, may be disclosed to the public to obtain current addresses
of the individuals. Such information will be disclosed to the public
only if the PBGC is unable to make benefit payments to the participants
and beneficiaries because the address it has does not appear to be
current or correct.
8. Names, social security numbers, last known addresses, dates of
birth and death, employment history, and pay status of individuals
covered by legal settlement agreements involving PBGC may be disclosed
to entities covered by or created under those agreements.
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 in paper and/or in electronic form,
including computer databases, magnetic tapes, and discs. Records are
also maintained on PBGC's network back-up tapes.
Retrievability:
Records are retrieved by any one or more of the following: Name;
social security number; customer identification number; date of birth;
or date of death.
Safeguards:
The PBGC has adopted appropriate administrative, technical, and
physical controls in accordance with PBGC's security program to protect
the security, integrity, and availability of the information, and to
ensure that records are not disclosed to unauthorized individuals.
Paper and electronic records that contain federal tax information
are stored under procedures that meet IRS safeguarding standards.
Other paper and microfiche records that do not contain federal tax
information are kept in file folders in areas of restricted access that
are locked after office hours. Electronic records that do not contain
federal tax information 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 are maintained in accordance with the General Records
Retention
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Schedules issued by the National Archives and Records Administration
(NARA) or a PBGC records disposition schedule approved by NARA.
Records existing on paper are destroyed beyond recognition. Records
existing on computer storage media are destroyed according to the
applicable PBGC media sanitization practice.
System Manager(s) and Address:
Director, Benefits Administration and Payments Department, PBGC,
1200 K Street NW., Washington, DC 20005.
Notification Procedure:
Individuals wishing to learn whether this system of records
contains information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW., Washington, DC 20005, and
provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Record Access Procedure:
Individuals wishing to request access to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. The address to which the record information should be sent.
d. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Individuals requesting access must also comply with PBGC's Privacy
Act regulations regarding verification of identity and access to
records (29 CFR 4902.3).
Contesting Record Procedure:
Individuals wishing to request an amendment to their records should
submit a written request to the Disclosure Officer, PBGC, 1200 K Street
NW., Washington, DC 20005, and provide the following information:
a. Full name.
b. Any available information regarding the type of record involved.
c. A statement specifying the changes to be made in the records and
the justification therefor.
d. The address to which the response should be sent.
e. You must sign your request.
Attorneys or other persons acting on behalf of an individual must
provide written authorization from that individual for the
representative to act on their behalf.
Record Source Categories:
PBGC-6; the SSA; the IRS; labor organization officials; firms or
agencies providing locator services; USPS licensees; field benefit
administrator offices; and any other individual that provides PBGC with
information regarding a missing participant, beneficiary, or alternate
payee.
Exemptions Claimed for the System:
None.
[FR Doc. 2015-33294 Filed 1-5-16; 8:45 am]
BILLING CODE 7709-02-P