[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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