Notice2022-08527
Privacy Act of 1974; System of Records
Primary source
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Published
April 26, 2022
Effective
May 26, 2022
Issuing agencies
Federal Retirement Thrift Investment Board
Abstract
Pursuant to the Privacy Act of 1974, the Federal Retirement Thrift Investment Board (FRTIB) proposes to modify an existing system of records. Records contained in this system are used to manage Thrift Savings Plan (TSP) accounts, including ensuring the integrity of the Plan, recording activity concerning the TSP account of each Plan participant, communicating with the participant, spouse, former spouse, and beneficiary concerning the account, and ensuring that he or she receives a correct payment from the Plan.
Full Text
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<title>Federal Register, Volume 87 Issue 80 (Tuesday, April 26, 2022)</title>
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[Federal Register Volume 87, Number 80 (Tuesday, April 26, 2022)]
[Notices]
[Pages 24562-24565]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08527]
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FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
Privacy Act of 1974; System of Records
AGENCY: Federal Retirement Thrift Investment Board (FRTIB).
ACTION: Notice of a modified system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974, the Federal Retirement
Thrift Investment Board (FRTIB) proposes to modify an existing system
of records. Records contained in this system are used to manage Thrift
Savings Plan (TSP) accounts, including ensuring the integrity of the
Plan, recording activity concerning the TSP account of each Plan
participant, communicating with the participant, spouse, former spouse,
and beneficiary concerning the account, and ensuring that he or she
receives a correct payment from the Plan.
DATES: This system will become effective upon its publication in
today's Federal Register, with the exception of the routine uses which
will be effective on May 26, 2022. FRTIB invites written comments on
the routine uses and other aspects of this system of records. Submit
any comments by May 26, 2022.
ADDRESSES: You may submit written comments to FRTIB by any one of the
following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the website instructions for submitting comments.
<bullet> Fax: 202-942-1676.
<bullet> Mail or Hand Delivery: Office of General Counsel, Federal
Retirement Thrift Investment Board, 77 K Street NE, Suite 1000,
Washington, DC 20002.
FOR FURTHER INFORMATION CONTACT: Dharmesh Vashee, General Counsel and
Senior Agency Official for Privacy, Federal Retirement Thrift
Investment Board, Office of General Counsel, 77 K Street NE, Suite
1000, Washington, DC 20002, (202) 942-1600. For access to any of the
FRTIB's systems of records, contact Amanda Haas, FOIA Officer, Office
of General Counsel, at the above address and phone number.
SUPPLEMENTARY INFORMATION: This notice serves to update and modify
FRTIB-1 to include the following updates:
Update to System Location: The FRTIB is modifying the System
Location to meet requirements of Office of Management and Budget (OMB)
Circular A-108.
Update to Categories of Individuals Covered by the System: The
FRTIB is modifying the Categories of Individuals Covered by the System
to explicitly list members of the uniformed services.
Update to Categories of Records: The FRTIB is modifying the
Categories of Records to include information about marital status and
spousal information, in order to comply with requirements of Federal
Employees' Retirement System Act of 1986 (FERSA) at 5 U.S.C. 8435.
Additionally, the FRTIB is specifying that some identification
documents will be collected for age verification purposes.
Update to Routine Uses: The FRTIB is adding two routine uses to
reflect sharing with the Securities and Exchange Commission (SEC), the
Financial Industry Regulatory Authority (FINRA), and other regulators
for the purpose of conducting regulatory exams, transaction inquiries,
anti-money laundering investigations, customer complaint reviews, and
other regulatory obligations. The FRTIB may also share information
within this system of records with mutual fund companies to fulfill
regulatory obligations governing redemption fees for redeemable
securities and for enforcement of mutual fund policies and relating to
frequent and short-term trading. This sharing is required for
transactions performed by the broker dealer and clearing firm in
relation to the ``Mutual Fund Window'' plan offering, as published at
87 FR 3940 (Jan. 26, 2022). The FRTIB is also modifying the routine use
related to investigations and disclosures to third
[[Page 24563]]
parties to ensure consistency with other Agency system of records
notices.
Update to Publication History: This addition reflects the previous
publication of this SORN at 85 FR 53370 (Aug. 28, 2020).
In accordance with 5 U.S.C. 552a(r), the Agency has provided a
report to OMB and to Congress on this notice of a modified system of
records.
Dharmesh Vashee,
General Counsel and Senior Agency Official for Privacy.
SYSTEM NAME AND NUMBER:
FRTIB-1, Thrift Savings Plan Records.
SECURITY CLASSIFICATION:
This system contains unclassified information.
SYSTEM LOCATION:
These records are located at the office of the entity engaged by
the Agency to perform record keeping services for the Thrift Savings
Plan (TSP). The agency's current address is 77 K Street NE, Washington,
DC 20002. The third-party service provider, Accenture Federal Services,
is located at 800 North Glebe Road, Suite 300, Arlington, VA 22203.
SYSTEM MANAGER(S):
Director, Office of Participant Services, Federal Retirement Thrift
Investment Board, 77 K Street NE, Suite 1000, Washington, DC 20002,
(202) 942-1600.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474; Thrift Savings Plan (TSP) Enhancement Act of 2009,
Public Law 111-31.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to ensure the integrity of
the Plan, to record activity concerning the TSP account of each Plan
participant, to communicate with the participant, spouse, former
spouse, and beneficiary concerning the account, and to make certain
that he or she receives a correct payment from the Plan. Information
contained in the system will also be used to comply with the reporting
requirements of the TSP Enhancement Act of 2009 and to develop outreach
and educational initiatives for participants and beneficiaries.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
All participants (which term includes former participants, i.e.,
participants whose accounts have been closed), as well as spouses,
former spouses, and beneficiaries of TSP participants. Participants in
the TSP consist of present and former Members of Congress, members of
the uniformed services, and Federal employees covered by the Federal
Employees' Retirement System Act of 1986, (FERSA) as amended, 5 U.S.C.
chapter 84; all present and former Members of Congress and Federal
employees covered by the Civil Service Retirement System who elect to
contribute to the TSP; Supreme Court Justices, Federal judges, and
magistrates who elect to contribute; certain union officials, those
individuals described in 5 CFR part 1620, and any other individual for
whom an account has been established.
CATEGORIES OF RECORDS IN THE SYSTEM:
These records contain the following kinds of information: Records
of TSP account activity, including account balances, employee
contributions, agency automatic (one percent) and agency matching
contributions, earnings, interfund transfers, contribution allocation
elections, investment status by fund, loan and withdrawal information,
employment status, retirement code and whether employee is vested,
error correction information, participant's date of birth, email
address, phone number, and designated beneficiary; marital status
information; records of spousal waivers and consents; powers of
attorney and conservatorship and guardianship orders; participant's
name, current or former employing agency, and servicing payroll and
personnel office; records of Social Security number, TSP account
number, TSP PIN, and home address for participants, spouses, former
spouses, and beneficiaries and potential beneficiaries; demographic
information (e.g., gender, education information, ethnicity, race,
etc.); demographic information on uniformed services participants
(e.g., grade, service branch, rank, months in rank, occupation
information); death certificates; records of bankruptcy actions;
information regarding domestic relations court orders to divide the
account; child support, child abuse, and alimony orders; information on
payments to the participant's spouse, former spouse, or children and
their attorneys; information on notices sent to participants, spouses,
former spouses, and beneficiaries; and general correspondence.
Documents used to verify identity and/or age including: Birth
certificate, U.S. passport, driver's license or state-issued ID, or
other government-issued ID that can be used to verify identity and/or
age.
RECORD SOURCE CATEGORIES:
The information in this system is obtained from the following
sources: (a) The individual to whom the information pertains; (b)
Agency payroll and personnel records; (c) Court orders; or (d) Spouses,
former spouses, other family members, beneficiaries, legal guardians,
and personal representatives (executors, administrators).
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND 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. Routine Use--Tax Enforcement Agencies: To disclose financial
data and addresses to Federal, state, and local governmental tax
enforcement agencies so that they may enforce applicable tax laws.
2. Routine Use--Designated Annuity Vendor: To disclose to the
designated annuity vendor in order to provide TSP participants who have
left Federal service with an annuity.
3. Routine Use--Other Retirement Plans: To disclose to sponsors of
eligible retirement plans for purposes of transferring the funds in the
participant's account to an Individual Retirement Arrangement or into
another eligible retirement plan.
4. Routine Use--Spousal Rights: To disclose to current and former
spouses and their attorneys in order to protect spousal rights under
FERSA and to receive benefits to which they may be entitled.
5. Routine Use--Death Benefits, Beneficiaries: When a participant
to whom a record pertains dies, to disclose the following types of
information to any potential beneficiary: Information in the
participant's record which could have been properly disclosed to the
participant when living (unless doing so would constitute a clearly
unwarranted invasion of privacy) and the name and relationship of any
other person who claims the benefits or who is entitled to share the
benefits payable.
6. Routine Use--Death Benefits, Estate Administration: When a
participant to whom a record pertains dies, to disclose the following
types of information to anyone handling the participant's estate:
Information in the participant's record which could have been properly
disclosed to the participant when living (unless doing so would
constitute a clearly unwarranted invasion of privacy), the name and the
relationship of any person who claims the benefits or who is entitled
to share the benefits payable, and information necessary for the
estate's administration (for example, post-death tax reporting).
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7. Routine Use--Beneficiaries, Incompetent or Legal Disability: To
disclose information to any person who is named by the participant,
spouse, former spouse, or beneficiary of the participant in a power of
attorney and to any person who is responsible for the care of the
participant or the spouse, former spouse, or beneficiary of the
participant to whom a record pertains, and who is found by a court to
be incompetent or under other legal disability, information necessary
to manage the participant's account and to ensure payment of benefits
to which the participant, spouse, former spouse or beneficiary of the
participant is entitled.
8. Routine Use--Congressional Inquiries: To disclose information to
a congressional office from the record of a participant or of the
spouse, former spouse, or beneficiary of a participant in order for
that office to respond to a communication from that person.
9. Routine Use--Agency Payroll or Personnel Offices: To disclose to
agency payroll or personnel offices in order to calculate benefit
projections for individual participants, to calculate error
corrections, to reconcile payroll records, and otherwise to ensure the
effective operation of the Thrift Savings Plan.
10. Routine Use--Department of Treasury, Payments: To disclose to
the Department of the Treasury information necessary to issue checks
from accounts of participants in accordance with withdrawal or loan
procedures or to make a payment to a spouse, former spouse, child, or
his or her attorney, or to a beneficiary.
11. Routine Use--Audit: To disclose to the Department of Labor and
to private sector audit firms so that they may perform audits as
provided for in FERSA.
12. Routine Use--Parent Locator Service: To disclose to the Parent
Locator Service of the Department of Health and Human Services, upon
its request, the address of a participant, spouse, former spouse, or
beneficiary of the participant for the purpose of enforcing child
support obligations against that individual.
13. Routine Use--Investigations, Third Parties: Where a record,
either alone or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations, the relevant records may be referred
to the appropriate federal, state, local, territorial, tribal, or
foreign law enforcement authority or other appropriate entity charged
with the responsibility for investigating or prosecuting such violation
or charged with enforcing or implementing such law, rule, regulation,
or order.
14. Routine Use--Private Relief Legislation: To disclose
information to the Office of Management and Budget at any stage of the
legislative coordination and clearance process in connection with
private relief legislation as set forth in OMB Circular No. A-19.
15. Routine Use--Participant and Third Parties, Health or Safety:
If there is a reasonable and credible threat to an individual's health
or safety, to disclose to a state, local, or Federal agency, in
response to its request, the address of a participant, spouse, former
spouse, or beneficiary of the participant and any other information the
agency needs to contact that individual concerning the possible threat
to his or her health or safety.
16. Routine Use--Litigation, Department of Justice: To disclose
information to the Department of Justice, where:
1. The Board or any component of it, or
2. Any employee of the Board in his or her official capacity, or
3. Any employee of the Board in his or her individual capacity,
where the Department of Justice has agreed to represent the employee;
or
4. The United States (where the Board determines that litigation is
likely to affect the agency or any of its components) is a party to
litigation or has an interest in such litigation, and the Board
determines that use of such records is relevant and necessary to the
litigation. However, in each such case, the Board must determine that
disclosure of the records to the Department of Justice is a use of the
information contained in the records which is compatible with the
purpose for which the records were collected.
17. Routine Use--Litigation, Third Parties: In response to a court
subpoena, or to appropriate parties engaged in litigation or preparing
for possible litigation. Examples include disclosure to potential
witnesses for the purpose of securing their testimony to courts,
magistrates, or administrative tribunals, to parties and their
attorneys in connection with litigation or settlement of disputes, or
to individuals seeking information through established discovery
procedures in connection with civil, criminal, or regulatory
proceedings.
18. Routine Use--Contractors and Third Parties: To disclose to
contractors and their employees who have been engaged to assist the
Board in performing a contract service or agreement, or who have been
engaged to perform other activity related to this system of records and
who need access to the records in order to perform the activity.
Recipients of TSP records are required to comply with the requirements
of the Privacy Act.
19. Routine Use--Agency Personnel/Payroll Offices or Casualty
Assistance Officers: To disclose to personnel from agency personnel/
payroll offices or to casualty assistance officers when necessary to
assist a beneficiary or potential beneficiary.
20. Routine Use--Consumer Reporting Agencies: To disclose to a
consumer reporting agency when the Board is trying to collect a debt
owed to the Board under the provisions of 5 U.S.C. 3711.
21. Routine Use--Commercial Loan Applications, Quality Control: To
disclose to quality control companies when such companies are verifying
documents submitted to lenders in connection with participants'
commercial loan applications.
22. Routine Use--Federal Agencies, Analysis: To disclose to an
official of another Federal agency information needed in the
performance of official duties related to reconciling or reconstructing
data files, compiling descriptive statistics, and making analytical
studies in support of the function for which the records were collected
and maintained.
23. Routine Use--Breach Mitigation and Notification: A record from
this system may be disclosed to appropriate agencies, entities, and
persons when (1) FRTIB suspects or has confirmed that there has been a
breach of the system of records, (2) FRTIB has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, FRTIB (including its information systems, programs, and
operations), the Federal Government, or national security; and (3) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with FRTIB's efforts to respond to
the suspected or confirmed breach or to prevent, minimize, or remedy
such harm.
24. Routine Use--Response to Breach of Other Records: A record from
this system may be disclosed to another Federal agency or Federal
entity, when FRTIB determines that information from this system of
records is reasonably necessary to assist the recipient agency or
entity in (1) responding to a suspected or confirmed breach or (2)
preventing, minimizing, or remedying the risk of harm to individuals,
the recipient agency or entity (including its information systems,
programs, and operations), the Federal Government, or
[[Page 24565]]
national security, resulting from a suspected or confirmed breach.
25. Routine Use--Regulatory Disclosures and Third Parties: To
disclose to the U.S. Securities and Exchange Commission; Financial
Industry Regulatory Authority; other Self-Regulatory Organizations;
Federal, State and Local criminal authorities; and State regulators for
the purpose of conducting regulatory exams, transaction inquiries,
anti-money laundering investigations, customer complaint reviews, and
other regulatory obligations under applicable law.
26. Routine Use--Mutual Fund Companies: To disclose to FRTIB
contractors, subcontractors, and mutual fund companies to fulfill
regulatory obligations governing redemption fees for redeemable
securities, and to provide certain shareholder identity and transaction
information for enforcement of mutual fund policies relating to
frequent and short-term trading in accordance with applicable laws,
rules, and regulations as well as to comply with distribution and
shareholder servicing agreements with mutual fund companies and/or
their distributors, transfer agents, or other administrators for the
provision of relevant and required information relating to mutual fund
transactions and holdings.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
These records are maintained on electronic or magnetic media, on
microfilm, or in folders.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
These records are retrieved by Social Security number, TSP account
number, and other personal identifiers of the individual to whom they
pertain.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
TSP documents are retained for 99 years. Manual records are
disposed of by compacting and burning; data on electronic or magnetic
media are obliterated by destruction or reuse, or are returned to the
employing agency. Call recording records from the Agency's contact
center are retained in accordance with NARA General Records Schedule
6.5, Public Customer Services Records, DAA-GRS-2017-0002-0001.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Hard copy records are kept in metal file cabinets in a secure
facility, with access limited to those whose official duties require
access. Personnel are screened to prevent unauthorized disclosure.
Security mechanisms for automatic data processing prevent unauthorized
access to the electronic or magnetic media.
RECORD ACCESS PROCEDURES:
Individuals who want notice of whether this system of records
contains information pertaining to them and to obtain access to their
records may contact the TSP Service Office or their employing agency,
as follows:
a. Participants who are current Federal employees may call or write
their employing agency for personnel or payroll records regarding the
agency's and the participant's contributions and adjustments to
contributions. A request to the employing agency must be made in
accordance with that agency's Privacy Act regulations or that agency's
procedures. For other information regarding their TSP accounts,
participants who are Federal employees may call or write the TSP
Service Office.
b. Participants who have separated from Federal employment and
spouses, former spouses, and beneficiaries of participants may call or
write the TSP Service Office.
Individuals calling or writing the TSP Service Office must furnish
the following information for their records to be located and
identified:
a. Name, including all former names;
b. TSP Account Number or Social Security number; and
c. Other information, if necessary. For example, a participant may
need to provide the name and address of the agency, department, or
office in which he or she is currently or was formerly employed in the
Federal service. A spouse, former spouse, or beneficiary of a
participant may need to provide information regarding his or her
communications with the TSP Service Office or the Board.
Participants may also inquire whether this system contains records
about them and access certain records through the account access
section of the TSP website and the ThriftLine (the TSP's automated
telephone system). The TSP website is located at <a href="http://www.tsp.gov">www.tsp.gov</a>. To use
the TSP ThriftLine, the participant must have a touch-tone telephone
and call the following number 1-877-968-3778. Hearing-impaired
participants should dial 1-877-847-4385. The following information is
available on the TSP website and the ThriftLine: Account balance;
available loan amount; the status of a monthly withdrawal payment; the
current status of a loan or withdrawal application; and an interfund
transfer request.
CONTESTING RECORD PROCEDURES:
Individuals who want to amend TSP records about themselves must
submit a detailed written explanation as to why information regarding
them is inaccurate or incorrect, as follows:
a. Participants who are current Federal employees must write their
employing agency to request amendment of personnel records regarding
employment status, retirement coverage, vesting code, and TSP service
computation date, or payroll records regarding the agency's and the
participant's contributions and adjustments to contributions. A request
to the employing agency must be made in accordance with that agency's
Privacy Act regulations or that agency's procedures. For other
information regarding their TSP accounts, participants who are Federal
employees must submit a request to the TSP Service Office.
b. Participants who have separated from Federal employment and
spouses, former spouses, and beneficiaries of participants must submit
a request to the TSP Service Office.
c. Individuals must provide their Social Security number or Account
Number and name, and they may also need to provide other information
for their records to be located and identified.
The employing agency or the TSP Service Office will follow the
procedures set forth in 5 CFR part 1605, Error Correction Regulations,
in responding to requests to correct contribution errors.
NOTIFICATION PROCEDURES:
See Record Access Procedures above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
52 FR 12065 (Apr. 14, 1987); 55 FR 18949 (May 7, 1990); 59 FR 26496
(May 20, 1994); 64 FR 50092 (Sept. 15, 1999); 64 FR 67917 (Dec. 3,
1999); 74 FR 3043 (Jan. 16, 2009); 77 FR 11534 (Feb. 27, 2012); 77 FR
20022 (Apr. 3, 2012); 79 FR 21246 (Apr. 15, 2014); 85 FR 53370 (Aug.
28, 2020).
[FR Doc. 2022-08527 Filed 4-25-22; 8:45 am]
BILLING CODE P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.