[Federal Register Volume 61, Number 187 (Wednesday, September 25, 1996)]
[Notices]
[Pages 50351-50352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24565]


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OFFICE OF PERSONNEL MANAGEMENT


Privacy Act of 1974; Computer Matching Programs OPM/Department of 
Labor, Office of Workers' Compensation Programs

AGENCY: Office of Personnel Management (OPM).

ACTION: Publication of notice of computer matching to comply with 
Public Law 100-503, the Computer Matching and Privacy Act of 1988.

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SUMMARY: OPM is publishing notice of its computer matching program with 
the Department of Labor, Office of Workers' Compensation Programs 
(OWCP) to meet the reporting and publication requirements of Public Law 
100-503. The purpose of the match is to identify and/or prevent 
erroneous payments under the Civil Service Retirement Act (CSRA) or the 
Federal Employees' Retirement System Act (FERSA) and the Federal 
Employees' Compensation Act (FECA). The match will identify individuals 
receiving prohibited concurrent benefits under CSRA or FERSA and the 
FECA. Both the CSRA and FERSA, on one hand, and the FECA, on the other, 
prohibit the receipt of certain concurrent payments covering the same 
period of time. The match will involve the OPM system of records 
published as OPM CENTRAL-1, Civil Service Retirement and Insurance 
Records at 60 FR 63075, December 8, 1995, and the Department of Labor 
system of records published as DOL/GOVT-1, entitled ``Office of 
Workers' Compensation Programs, Federal Employees' Compensation Act 
File'', at 58 FR 49548, on September 23, 1993, with amendments 
published at 59 FR 47361 on September 15, 1994.

DATE: The matching program will begin in October 1996, or 40 days after 
agreements by the parties participating in the match have been 
submitted to Congress and the Office of Management and Budget, 
whichever is later. The matching program will continue for 18 months 
from the beginning date and may be extended an additional 12 months 
thereafter. The data exchange will begin at a date mutually agreed upon 
between OPM and OWCP after October 1, 1996, unless comments are 
received which will result in a contrary determination. Subsequent 
matches will take place semi-annually on a recurring basis until one of 
the parties advises the other in writing of its intention to 
reevaluate, modify and/or terminate the agreement.

ADDRESS: Send comments to Kathleen M. McGettigan, Assistant Director 
for

[[Page 50352]]

Financial Control and Management, Office of Personnel Management, Room 
4312, 1900 E. Street, NW., Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT:
Marc Flaster (202) 606-2115.

SUPPLEMENTARY INFORMATION: The computer matching program between OPM 
and OWCP will involve comparison of beneficiaries under the FECA and 
the CSRA or the FERSA. The match will identify beneficiaries receiving 
payment of compensation for wage loss or death under the FECA and those 
receiving retirement or death benefits under the CSRA or FERSA covering 
the same period of time.
    The concurrent receipt of benefits under the FECA based on wage 
loss and under the CSRA or FERSA for retirement, or under the FECA, 
CSRA, or FERSA based on the death of the Federal employee is 
prohibited. It is the responsibility of OPM to monitor retirement 
annuity and survivor benefits paid under the CSRA or FERSA to ensure 
that its beneficiaries are not receiving benefits under the FECA which 
are prohibited during receipt of benefits under the CSRA or FERSA. 
Similarly, it is the responsibility of the OWCP to ensure that Federal 
employees or dependents of deceased Federal employees receiving 
benefits under the FECA are not also receiving benefits under the CSRA 
or FERSA which are prohibited.
    By comparing the information received through this computer 
matching program on a recurring basis, the agencies will be able to 
make a timely and more accurate adjustment in the benefits payable. The 
match will prevent overpayments, fraud and abuse, thus assuring that 
benefit payments are proper under the appropriate Acts.
    Additional information, regarding the matching program, including 
the authority for the program, a description of the matches, the 
personnel records to be matched, the dates of the program, security 
safeguards, and plans for disposition following completion of the 
matches are provided in the text below.

Office of Personnel Management.
James B. King,
Director.

Matching of Records between Office of Workers' Compensation 
Programs and Office of Personnel Management

    A. Authority: The Civil Service Retirement Act (CSRA), U.S.C., 
8331, et seq.; the Federal Employees' Retirement System Act (FERSA), 5 
U.S.C., 8401, et seq.; and the Federal Employees' Compensation Act 
(FECA), 5 U.S.C., 8101, et seq.
    B. Description of Computer Matching Program: OPM pays annuities or 
survivor benefits to individuals who may also receive benefits under 
the FECA. It is the responsibility of OPM as the administrator of the 
CSRA and the FERSA to assure that such benefit payments are proper and 
to prevent fraud and abuse. The computer matching program is an 
efficient and nonobstrusive method of determining whether these 
individuals are receiving benefits from both OWCP and OPM prohibited by 
the FECA, CSRA and FERSA. OWCP will provide OPM with extracts of its 
payment files containing data (names, social security numbers, dates of 
birth, claim numbers, payee relationship codes, addresses, zip codes, 
and payment data) needed to identify the individual and determine if he 
or she is receiving benefits from both organizations at the same time. 
OPM will match OWCP's extract of its payment files against its payment 
records for the same dates to determine if benefits were being paid on 
the same date by both agencies. OPM will provide OWCP with a list of 
valid matches. Both organizations will detect, identify, and follow-up 
on payment of prohibited dual benefits. An individual identified as 
receiving prohibited dual benefits will be offered an opportunity to 
contest the findings and proposed actions and the opportunity to elect 
the benefits he or she wishes to receive. The organization responsible 
for initiating the recovery of the overpayment of benefits will afford 
the individual due process before any payment modifications are made.
    C. Personal Records to be Matched: The OPM system of records 
published as OPM-CENTRAL-1, Civil Service Retirement and Insurance 
Records, at 60 FR 63075, December 8, 1995, which contains payment data 
on recipients of CSRA and FERSA benefits disbursed by OPM will be 
matched to OWCP records published at 58 FR 49548, on September 23, 1993 
with amendments published at 59 FR 47361 on September 15, 1994, which 
contains data pertinent to the payment of Federal employees and their 
dependents under the FECA.
    D. Dates: Data exchanges will begin during calendar year 1996 at a 
mutually agreeable time and will be repeated every six months, until 
one of the parties to the agreement advises the other by written 
request to terminate or modify the agreement.
    E. Privacy Safeguards and Security: The personal privacy of the 
individuals whose names are included in the tapes is protected by 
strict adherence to the provisions of the Privacy Act of 1974 and OMB's 
Guidance Interpreting the Provisions of Pub. L. 100-503, the Computer 
Matching and Privacy Protection Act of 1988 (54 FR 25818). Security 
safeguards include limiting access only to the files agreed to and only 
to agency personnel having a ``need to know''. All automated records 
will be password protected and the data listing will be locked in file 
areas after normal duty hours. Records matched or created by the match 
will be stored in an area that is physically safe from access by 
unauthorized persons during duty hours and nonduty hours or when not in 
use.
    F. Disposal of Records: The files will remain the property of the 
respective source agencies and all records including those not 
containing matches will be returned to the source agency for 
destruction. ``Hits,'' the records relating to matched individuals, 
will be disposed of in accordance with the provisions of the Privacy 
Act and the Federal Record Schedules after serving their purpose. The 
data obtained from confirmed hits will be entered in the claims file, 
subject to release only in accordance with the provisions of the 
Privacy Act.
[FR Doc. 96-24565 Filed 9-24-96; 8:45 am]
BILLING CODE 6325-01-M