Notice2023-02868
Privacy Act of 1974, as Amended; Notice of Computer Matching Program (Railroad Retirement Board and Social Security Administration, Match Number 1007)
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
February 10, 2023
Effective
March 13, 2023
Issuing agencies
Railroad Retirement Board
Abstract
As required by the Privacy Act of 1974, as amended, the RRB is issuing public notice of its renewal of an ongoing computer-matching program with the Social Security Administration (SSA). The purpose of this notice is to advise individuals applying for or receiving benefits under the Railroad Retirement Act of the use made by RRB of this information obtained from SSA by means of a computer match. The RRB is also issuing public notice, on behalf of the SSA, of their intent to conduct a computer-matching program based on information provided to them by the RRB.
Full Text
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<title>Federal Register, Volume 88 Issue 28 (Friday, February 10, 2023)</title>
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[Federal Register Volume 88, Number 28 (Friday, February 10, 2023)]
[Notices]
[Pages 8921-8922]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02868]
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RAILROAD RETIREMENT BOARD
Privacy Act of 1974, as Amended; Notice of Computer Matching
Program (Railroad Retirement Board and Social Security Administration,
Match Number 1007)
AGENCY: Railroad Retirement Board (RRB).
ACTION: Notice of a modified matching program.
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SUMMARY: As required by the Privacy Act of 1974, as amended, the RRB is
issuing public notice of its renewal of an ongoing computer-matching
program with the Social Security Administration (SSA). The purpose of
this notice is to advise individuals applying for or receiving benefits
under the Railroad Retirement Act of the use made by RRB of this
information obtained from SSA by means of a computer match. The RRB is
also issuing public notice, on behalf of the SSA, of their intent to
conduct a computer-matching program based on information provided to
them by the RRB.
DATES: This matching program becomes effective as proposed without
further notice on March 13, 2023. We will file a report of this
computer-matching program with the Committee on Homeland Security and
Governmental Affairs of the Senate; the Committee on Oversight and
Government Reform of the House of Representatives; and the Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB).
ADDRESSES: Interested parties may comment on this publication by
writing to Ms. Stephanie Hillyard, Secretary to the Board, Railroad
Retirement Board, 844 North Rush Street, Chicago, Illinois 60611-1275.
FOR FURTHER INFORMATION CONTACT: Mr. Chad Peek, Chief Privacy Officer,
Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois
60611-1275, telephone 312-751-3389 or email at <a href="/cdn-cgi/l/email-protection#94f7fcf5f0bae4f1f1ffd4e6e6f6baf3fbe2"><span class="__cf_email__" data-cfemail="c8aba0a9ace6b8adada388babaaae6afa7be">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
A. General
The Computer Matching and Privacy Protection Act of 1988, (Pub. L.
100-503), amended by the Privacy Act of 1974, (5 U.S.C. 552a) as
amended, requires a Federal agency participating in a computer matching
program to publish a notice in the Federal Register for all matching
programs.
The Privacy Act, as amended, regulates the use of computer matching
by Federal agencies when records contained in a Privacy Act System of
Records are matched with other Federal, State, or local government
records. It requires Federal agencies involved in computer matching
programs to:
(1) Negotiate written agreements with the other agency or agencies
participating in the matching programs;
(2) Obtain the approval of the matching agreement by the Data
Integrity Boards (DIB) of the participating Federal agencies;
(3) Publish notice of the computer matching program in the Federal
Register;
(4) Furnish detailed reports about matching programs to Congress
and OMB;
(5) Notify applicants and beneficiaries that their records are
subject to matching; and
(6) Verify match findings before reducing, suspending, terminating,
or denying a person's benefits or payments. The last notice for this
matching program was published at 85 FR 83632 (December 22, 2020).
B. RRB Computer Matches Subject to the Privacy Act
We have taken appropriate action to ensure that all of our computer
matching programs comply with the requirements of the Privacy Act, as
amended.
Participating Agencies
Railroad Retirement Board (RRB) and the Social Security
Administration (SSA), Match #1007.
Authority for Conducting the Matching Program
Section 7(b)(7) of the Railroad Retirement Act (45 U.S.C.
231f(b)(7)) provides that the Social Security Administration shall
supply information necessary to administer the Railroad Retirement Act.
Sections 202, 205(o) and 215(f) of the Social Security Act (42 U.S.C.
402, 405(o) and 415(f)) relate to benefit provisions, inclusion of
railroad compensation together with wages for payment of benefits under
certain circumstances, and the re-computation of benefits.
Purpose(s)
The RRB will, on a daily basis, obtain from SSA a record of the
wages reported to SSA for persons who have applied for benefits under
the Railroad Retirement Act and a record of the amount of benefits paid
by that agency to persons who are receiving or have applied for
benefits under the Railroad Retirement Act. The wage information is
needed to compute the amount of the tier I annuity component provided
by sections 3(a), 4(a) and 4(f) of the Railroad Retirement
[[Page 8922]]
Act (45 U.S.C. 231b(a), 45 U.S.C. 231c(a) and 45 U.S.C. 231c(f)). The
benefit information is needed to adjust the tier I annuity component
for the receipt of the Social Security benefit. This information is
available from no other source.
Second, the RRB will receive from SSA the amount of certain social
security benefits which the RRB pays on behalf of SSA. Section 7(b)(2)
of the Railroad Retirement Act (45 U.S.C. 231f(b)(2)) provides that the
RRB shall make the payment of certain social security benefits. The RRB
also requires this information in order to adjust the amount of any
annuity due to the receipt of a social security benefit. Section 10(a)
of the Railroad Retirement Act (45 U.S.C. 231i(a)) permits the RRB to
recover any overpayment from the accrual of social security benefits.
This information is not available from any other source.
Third, once a year the RRB will receive from SSA a copy of SSA's
Master Benefit Record for earmarked RRB annuitants. Section 7(b)(7)) of
the Railroad Retirement Act (45 U.S.C. 231f(b)(7)) requires that SSA
provide the requested information. The RRB needs this information to
make the necessary cost-of-living computation adjustments quickly and
accurately for those RRB annuitants who are also SSA beneficiaries.
SSA will receive weekly from RRB earnings information for all
railroad employees. SSA will match the identifying information of the
records furnished by the RRB against the identifying information
contained in its Master Benefit Record and its Master Earnings File. If
there is a match, SSA will use the RRB earnings to adjust the amount of
Social Security benefits in its Annual Earnings Reappraisal Operation.
This information is available from no other source.
The SSA will also receive daily from RRB earnings information on
selected individuals. The transfer of information may be initiated
either by RRB or by SSA. SSA needs this information to determine
eligibility to Social Security benefits and, if eligibility is met, to
determine the benefit amount payable. Section 18 of the Railroad
Retirement Act (45 U.S.C. 231q(2)) requires that earnings considered as
compensation under the Railroad Retirement Act be considered as wages
under the Social Security Act for the purposes of determining
entitlement under the Social Security Act if the person has less than
10 years of railroad service or has 10 or more years of service but
does not have a current connection with the railroad industry at the
time of his/her death.
Categories of Individuals
All applicants for benefits under the Railroad Retirement Act and
current beneficiaries will have a record of any social security wages
and the amount of any social security benefits furnished to the RRB by
SSA. In addition, all persons who ever worked in the railroad industry
after 1936 will have a record of their service and compensation
furnished to SSA by RRB.
Categories of Records
1. Name, social security number, RRB claim number, annuity
beginning date, date of birth, sex, last employer identification
number, amount of daily pay rate, separation allowance or severance
payment, creditable service and compensation after 1937, home address,
date of death, and electronic mail address.
2. Information pertaining to the payment or denial of an
individual's claim for benefits under the Railroad Retirement Act:
Name, address, social security number, claim number, proofs of age,
marriage, relationship, death, military service, creditable earnings
and service months (including military service), entitlement to
benefits under the Social Security Act, programs administered by the
Veterans Administration, or other benefit systems, rates, effective
dates, medical reports, correspondence and telephone inquiries to and
about the beneficiary, suspension and termination dates, health
insurance effective date, option, premium rate and deduction, direct
deposit data, employer pension information, citizenship status and
legal residency status (for annuitants living outside the United
States), and tax withholding information (instructions of annuitants
regarding number of exemptions claimed and additional amounts to be
withheld, as well as actual amounts withheld for tax purposes).
System(s) of Records
The applicable RRB Privacy Act Systems of Records and their Federal
Register citation used in the matching program are:
1. RRB-5, Master File of Railroad Employees' Creditable
Compensation, September 30, 2014 (79 FR 58877)
2. RRB-22, Railroad Retirement, Survivor, Pensioner Benefit System,
May 15, 2015 (80 FR 28018)
The applicable SSA Privacy Act Systems of Records used and their
Federal Register citation used in the matching program are:
1. SSA 60-0058, Master Files of Social Security Number (SSN)
Holders and SSN Applications (the Enumeration System); 75 FR 82121
(December 29, 2010)
2. SSA/OS, 60-0059, Earnings Recording and Self-Employment Income
System (MEF); 71 FR 1819 (January 11, 2006)
3. SSA/ORSIS 60-0090, Master Beneficiary Record (MBR); 71 FR 1826
(January 11, 2006)
4. SSA/ODISSIS 60-103, Supplemental Security Income Record and
Special Veteran Benefits; 71 FR 1830 (January 11, 2006)
5. SSA/OPB 60-0269, Prisoner Update Processing System (PUPS); 64 FR
11076 (March 8, 1999)
This matching program will become effective July 22, 2023, or 30
days after a copy of the agreement, as approved by the Data Integrity
Board of each agency, is sent to Congress and the Office of Management
and Budget, or 30 days after publication of this notice in the Federal
Register, whichever date is latest. The matching program will continue
for 18 months after the effective date and may be extended for an
additional 12 months if the conditions specified in 5 U.S.C.
552a(o)(2)(D) have been met. This matching program expires on July 21,
2024.
Dated: February 7, 2023.
By authority of the Board.
Stephanie Hillyard,
Secretary to the Board.
[FR Doc. 2023-02868 Filed 2-9-23; 8:45 am]
BILLING CODE 7905-01-P
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</html>Indexed from Federal Register on February 10, 2023.
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