Notice2022-27986
Privacy Act of 1974; Systems of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 23, 2022
Effective
January 23, 2023
Issuing agencies
Pension Benefit Guaranty Corporation
Abstract
Pursuant to the Privacy Act of 1974, the Pension Benefit Guaranty Corporation (PBGC) is proposing changes to a system of records notice (SORN). PBGC is updating the Official Address to reflect PBGC's new headquarters location, adding a routine use and modifying other routine uses, updating categories of records, sources of records, and other administrative changes.
Full Text
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<title>Federal Register, Volume 87 Issue 246 (Friday, December 23, 2022)</title>
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[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 79002-79005]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27986]
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PENSION BENEFIT GUARANTY CORPORATION
Privacy Act of 1974; Systems of Records
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Notice of modified system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974, the Pension Benefit
Guaranty Corporation (PBGC) is proposing changes to a system of records
notice (SORN). PBGC is updating the Official Address to reflect PBGC's
new headquarters location, adding a routine use and modifying other
routine uses, updating categories of records, sources of records, and
other administrative changes.
DATES: The new routine use and modifications of other routine uses
described herein will become effective January 23, 2023, without
further notice, unless comments result in a contrary determination and
a notice is published to that effect. Comments must be received on or
before January 23, 2023 to be assured of consideration.
ADDRESSES: You may submit written comments to PBGC by any of the
following methods:
<bullet> Federal eRulemaking Portal: Follow the website
instructions for submitting comments at <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#bdcfd8da93ded2d0d0d8d3c9cefdcddfdade93dad2cb"><span class="__cf_email__" data-cfemail="b2c0d7d59cd1dddfdfd7dcc6c1f2c2d0d5d19cd5ddc4">[email protected]</span></a>. Refer to SORN in the subject
line.
<bullet> Mail or Hand Delivery: Regulatory Affairs Division, Office
of the General Counsel, Pension Benefit Guaranty Corporation, 445 12th
Street SW, Washington, DC 20024-2101.
Commenters are strongly encouraged to submit public comments
electronically. PBGC expects to have limited personnel available to
process public comments that are submitted on paper through U.S. mail.
Until further notice, any comments submitted on paper will be
considered to the extent practicable.
All submissions must include the agency's name (Pension Benefit
Guaranty Corporation, or PBGC) and reference this notice. Comments
received will be posted without change to PBGC's website, <a href="http://www.pbgc.gov">http://www.pbgc.gov</a>, including any personal information provided. Do not
submit comments that include any personally identifiable information or
confidential business information. Copies of comments may also be
obtained by writing to Disclosure Division, Office of the General
Counsel, Pension Benefit Guaranty Corporation, 445 12th Street SW,
Washington, DC 20024-2101, or calling 202-326-4040 during normal
business hours. (If you are deaf, or hard of hearing or have a speech
disability, please dial 7-1-1 to access telecommunications relay
services.)
FOR FURTHER INFORMATION CONTACT: Shawn Hartley, Chief Privacy Officer,
Pension Benefit Guaranty Corporation, Office of the General Counsel,
445 12th Street SW, Washington, DC 20024-2101, 202-229-6321. For access
to any of PBGC's systems of records, contact D. Camilla Perry,
Disclosure Officer, Office of the General Counsel, Disclosure Division,
445 12th Street SW, Washington, DC 20024-2101, or by calling 202-229-
4040, or go to <a href="https://www.pbgc.gov/about/policies/pg/privacy-at-pbgc/system-of-records-notices">https://www.pbgc.gov/about/policies/pg/privacy-at-pbgc/system-of-records-notices</a>. If you are deaf or hard of hearing or have a
speech disability, please dial 7-1-1 to access telecommunications relay
services.
SUPPLEMENTARY INFORMATION:
(1) PBGC is proposing to update the Official Addresses, the
citation to the Contesting Records Procedures section, and to clarify
the Policies and Practices for Retention and Disposal of Records
section.
PBGC is updating the Official Address to reflect PBGC's new
headquarters location. When PBGC reviewed and revised its system of
records notices in 2018, it inadvertently dropped the citation to its
regulations that explain the process to contest information contained
in records maintained by PBGC. PBGC is adding the citation to 29 CFR
4902.5 to the Contesting Records Procedures section of this SORN.
Additionally, upon review, it was noticed that the Routine Uses section
contained a typographical error. PBGC is amending the Privacy Act
citation, changing it from 5 U.S.C. 522a(b) to 5 U.S.C. 552a(b).
PBGC is also clarifying the procedures outlined in Policies and
Practices for Retention and Disposal of Records in accordance with NARA
(44 U.S.C. 3301, et seq.). Finally, PBGC is updating the citation to
the last time PBGC published this SORN.
(2) PBGC is proposing to amend the purpose of the system,
categories of records contained in the system, amend the record source
categories, amend one routine use, and add one routine use to PBGC-6:
Plan Participant and Beneficiary Data.
PBGC is proposing the following revisions to PBGC-6: Plan
Participant and Beneficiary Data (last published at 83 FR 6256
(February 13, 2018)): Amend the purpose of the system of records;
categories of records contained in the system; amend the record source
categories; amend one routine use; and add one new routine use.
PBGC is proposing to amend the purpose of the system of records to
include ``providing routine customer service; verifying the identity of
participants, alternate payees, beneficiaries, spouses and authorized
agents,'' which will permit PBGC to use
[[Page 79003]]
the information contained within the system of records to verify an
individual's identity to determine whether they are authorized to
access or modify records within the system or records.
PBGC is proposing to amend the categories of records contained in
the system of records by adding ``tax identification numbers'' and
clarifying that debts owed are those debts owed to the Federal
Government.
PBGC is proposing the amendment of Routine Use 17, which currently
permits disclosure to third parties that provide locator services when
PBGC has no address on file or mail has been returned as undeliverable.
After review of the routine use and agency practices, PBGC is
clarifying that other Federal agencies may be one of the third parties
that provide locator services to PBGC and that PBGC may need to use
locator services when it is unable to make benefit payments because the
agency is unable to confirm that an address is current or correct. The
amended portions of Routine Use 17 will indicate that ``other Federal
agencies'' may provide locator services and that PBGC may use these
services if it has been ``unable to make benefit payments to those
participants, beneficiaries, and alternate payees because the address
on file is unable to be confirmed as current or correct.''
PBGC is proposing the addition of a Routine Use 20, which will
read, ``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
will be made only under a contract that binds the licensee of the USPS
and its employees to the civil and criminal penalties of the Privacy
Act. The contract must provide that the records disclosed by PBGC are
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.'' This routine use is
necessary as it allows PBGC to use the USPS records to locate
participants and beneficiaries it might not otherwise be able to
locate.
Pursuant to 5 U.S.C. 552a(e)(11), interested persons are invited to
submit written comments on the proposed changes described in this
notice. A report has been sent to Congress and the Office of Management
and Budget for their evaluation.
Issued in Washington, DC.
Gordon Hartogensis,
Director, Pension Benefit Guaranty Corporation.
SYSTEM NAME AND NUMBER:
PBGC-6: Plan Participant and Beneficiary Data--PBGC.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Pension Benefit Guaranty Corporation (PBGC), 445 12th Street SW,
Washington, DC 20024-2101, and/or PBGC Field Offices (Field Benefit
Administration), plan administrator worksites, and paying agent
worksites. (Records may be kept at an additional location as backup for
continuity of operations.)
SYSTEM MANAGER(S) AND ADDRESS:
Chief of Benefits Administration, Office of Benefits
Administration, PBGC, 445 12th Street SW, Washington, DC 20024-2101.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
29 U.S.C. 1055, 1056(d)(3), 1302, 1321, 1341, 1342, and 1350; 26
U.S.C. 6103; 44 U.S.C. 3101; 5 U.S.C. 301.
PURPOSE(S) OF THE SYSTEM:
This system of records is maintained for use in determining whether
participants, alternate payees, beneficiaries, spouses and domestic
partners are eligible for benefits under plans covered by the Employee
Retirement Income Security Act (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; providing routine customer service, verifying the identity of
participants, alternate payees, beneficiaries, spouses and authorized
agents; 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.
De-identified, aggregated information from this system may be used
for research into, and statistical information about, benefit
determinations for actuaries and publications.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Participants, alternate payees, beneficiaries, spouses and domestic
partners in terminated and non-terminated retirement 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; gender;
social security numbers and other Social Security Administration
information; tax identification numbers; dates of birth and death;
dates of hire, termination, and retirement; 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 retirement plans; powers of
attorney; insurance information where plan benefits are provided by
private insurers; medical records; disability information; retirement
plan names and numbers; correspondence; initial and final PBGC
determinations (see, 29 CFR 4003.21 and 4003.59); and other records
relating to debts owed to the Federal Government.
RECORD SOURCE CATEGORIES:
Plan administrators; participants, spouses, alternate payees,
beneficiaries, and other individuals who contact PBGC regarding
benefits they may be owed from PBGC; collectively bargained labor
organizations; insurance companies; locator services (such as credit
reporting agencies and debt collection firms or agencies, to locate
participants, beneficiaries, and alternate payees); agents listed on
release forms or power of attorneys; PBGC Field Office; the Social
Security Administration (SSA); the Federal Aviation Administration
(FAA); and other Federal agencies.
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 G14,
apply to this system of records (see Prefatory Statement of General
Routine Uses at 83 FR 6247, 6252 (February 13, 2018)).
2. A record from this system of records may be disclosed to third
parties, such as banks, insurance companies, collectively bargained
labor organizations, or trustees:
a. To enable these third parties to make or determine benefit
payments, or
b. To report to the Internal Revenue Service (IRS) the amounts of
benefits
[[Page 79004]]
paid (or required to be paid) and taxes withheld.
3. A record from this system 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 control group.
4. A record from this system may be disclosed, upon request, for a
purpose authorized under 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
PBGC may be disclosed to the Department of the Treasury or a debt
collection agency or to collect a claim. Disclosure to a debt
collection agency may 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 will be used exclusively pursuant to the terms and conditions
of such contract and will be used solely for the purposes prescribed
therein. The contract must provide that the information so disclosed
will 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 to obtain information relevant
to the participant's eligibility or continued eligibility for
disability benefits.
7. The name of a participant's plan, the actual or estimated amount
of a participant's benefit under 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,
domestic partner, former spouse, former domestic partner, 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). PBGC will disclose the
information only upon the receipt of a written request by a prospective
alternate payee, or the alternate 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. PBGC will notify
the participant of any information disclosed to a prospective alternate
payee or their representative under this routine use.
8. Information from an initial benefit determination under 29 CFR
4003 (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, et seq., to explain how 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,
et seq. PBGC will 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 benefit
determination under 29 CFR 4003.1 (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 PBGC
determined the benefit due to the alternate payee so that the
participant may pursue an administrative appeal of the benefit
determination under 29 CFR 4003, et seq. PBGC will 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 PBGC calculated the benefit, or
share of the benefit, of the participant or alternate payee. PBGC will
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 Dislocated Worker Grant from the Department of Labor under the
Workforce Innovation and Opportunity Act of 2014 to provide assistance
and support services for state residents under 29 U.S.C. 3225.
13. Payees' names, social security numbers, and dates of birth may
be provided to the Department of the Treasury's Bureau of the Fiscal
Service, the Social Security Administration, the Internal Revenue
Service, or a third party with whom PBGC has a contractual
relationship, to verify payees' eligibility to receive payments.
14. 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, 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. With the exception of third-party social security numbers, all
beneficiary information contained in the participant file (such as:
names, addresses, phone numbers, email addresses and dates of birth)
provided by the subject of the record may be disclosed to the subject
of the record, upon written request to the Disclosure Officer in
accordance with the Record Access Procedure outlined below.
17. Names, social security numbers, last known addresses, dates of
birth and death, amount of benefit, 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 third parties,
with whom PBGC has a contractual relationship, that provide locator
services (including credit reporting agencies, debt collection
[[Page 79005]]
firms, or other Federal agencies) to locate participants and
beneficiaries. Such information will be disclosed only if PBGC has no
address for an individual, if mail sent to the individual at the last
known address is returned as undeliverable, if PBGC has been unable to
make benefit payments to those participants, beneficiaries, and
alternate payees because the address on file is unable to be confirmed
as current or correct or if PBGC has been otherwise unsuccessful at
contacting the individual. Disclosure may be made only under a contract
that subjects the firm or agency providing the service and its
employees to the civil and criminal penalties of the Privacy Act. The
information so disclosed will be used exclusively pursuant to the terms
and conditions of such contract and will be used solely for the
purposes prescribed therein. The contract shall provide that the
information so disclosed must 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.
19. A record from this system may be disclosed to a consumer
reporting agency in accordance with 31 U.S.C. 3711(e).
20. 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 may
be made only under a contract that binds the licensee of the USPS and
its employees to the civil and criminal penalties of the Privacy Act.
The contract must provide that the records disclosed by PBGC will 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained manually in paper and/or electronic form
(including computer databases or discs). Records may also be maintained
on back-up tapes, or on a PBGC or a contractor-hosted network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by any one or more of the following: name;
social security number; customer identification number; address; date
of birth; or date of death.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and destroyed in accordance with the
National Archives and Record Administration's (NARA) Basic Laws and
Authorities (44 U.S.C. 3301, et seq.) 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 practice for
participant systems and will be maintained in accordance with PBGC
Records Schedule Item 2.1: Plan, Participant, and Insurance Records.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
Paper and electronic records that contain Federal Tax Information
are stored under procedures that meet IRS safeguarding standards, as
reflected in IRS Publication 1075, and are kept in file folders in
areas of restricted access that are locked after office hours.
RECORD ACCESS PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4 or to amend records pertaining to themselves in
accordance with 29 CRF 4902.5, should submit a written request to the
Disclosure Officer, PBGC, 445 12th Street SW, Washington, DC 20024-
2101, providing their name, address, date of birth, and verification of
their identity in accordance with 29 CFR 4902.3(c).
CONTESTING RECORD PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request, in accordance with 29 CFR 4902.5, identifying the information
they wish to correct in their file, in addition to following the
requirements of the Record Access Procedure above.
NOTIFICATION PROCEDURES:
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 445 12th Street SW, Washington, DC 20024-
2101, providing their name, address, date of birth, and verification of
their identity in accordance with 29 CFR 4902.3(c).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
PBGC: 6, Plan Participant and Beneficiary Data (last published at
83 FR 6247, 6256 (February 13, 2018)).
[FR Doc. 2022-27986 Filed 12-22-22; 8:45 am]
BILLING CODE 7709-02-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.