Notice2024-01567
Privacy Act of 1974; System 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
January 26, 2024
Issuing agencies
Treasury Department
Abstract
In accordance with the Privacy Act of 1974, the Department of the Treasury ("Treasury" or the "Department"), Departmental Offices proposes to modify a current Treasury system of records titled, "Department of the Treasury, Departmental Offices .214--DC Pensions Retirement Records" System of Records. This system of records is a collection of information used by the Office of DC Pensions to administer certain District of Columbia ("District") retirement plans, and the modification of the system of records notice is being published in order to clarify and update the description of the system of records.
Full Text
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<title>Federal Register, Volume 89 Issue 18 (Friday, January 26, 2024)</title>
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[Federal Register Volume 89, Number 18 (Friday, January 26, 2024)]
[Notices]
[Pages 5305-5310]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01567]
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DEPARTMENT OF THE TREASURY
Privacy Act of 1974; System of Records
AGENCY: Departmental Offices, Department of the Treasury.
[[Page 5306]]
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
the Treasury (``Treasury'' or the ``Department''), Departmental Offices
proposes to modify a current Treasury system of records titled,
``Department of the Treasury, Departmental Offices .214--DC Pensions
Retirement Records'' System of Records. This system of records is a
collection of information used by the Office of DC Pensions to
administer certain District of Columbia (``District'') retirement
plans, and the modification of the system of records notice is being
published in order to clarify and update the description of the system
of records.
DATES: Submit comments on or before February 26, 2024. The modification
of the system of records notice will be applicable on February 26,
2024.
ADDRESSES: Written comments on this notice may be submitted
electronically through the Federal Government eRulemaking portal at
<a href="http://www.regulations.gov">http://www.regulations.gov</a>. Electronic submission of comments allows
the commenter maximum time to prepare and submit a comment, ensures
timely receipt, and enables the Treasury to make the comments available
to the public. Please note that comments submitted through <a href="https://www.regulations.gov">https://www.regulations.gov</a> will be public and can be viewed by members of the
public. Comments can also be sent to the Deputy Assistant Secretary for
Privacy, Transparency, and Records, Department of the Treasury, 1500
Pennsylvania Avenue NW, Washington, DC 20220, Attention: Revisions to
Privacy Act Systems of Records.
In general, Treasury will post all comments to <a href="https://www.regulations.gov">https://www.regulations.gov</a> without change, including any business or personal
information provided, such as names, addresses, email addresses, or
telephone numbers. All comments received, including attachments and
other supporting material, will be part of the public record and
subject to public disclosure. You should only submit information that
you wish to make publicly available.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Shalamar Barnes, 202-622-6173, the Office of DC Pensions, Departmental
Offices, 1500 Pennsylvania Avenue NW, Washington, DC 20220. For privacy
issues, please contact: the Deputy Assistant Secretary for Privacy,
Transparency, and Records (202-622-5710), Department of the Treasury,
1500 Pennsylvania Avenue NW, Washington, DC 20220.
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
5 U.S.C. 552a, the Department of the Treasury (``Treasury''),
Departmental Offices proposes to modify a current Treasury system of
records titled, ``Department of the Treasury, Departmental Offices
.214--DC Pensions Retirement Records System of Records.''
The proposed modification to the system of records makes the
following substantive changes:
1. DO .214--DC Pensions Retirement Records, Notification
Procedures, are being updated to reflect current procedures.
The system of records is collecting information under the Paperwork
Reduction Act using the following forms:
<bullet> Health Benefits Registration Form (SF 2809) OMB No. 3206-
0160 (expiration 7/31/2025)
<bullet> Life Insurance Election-FEGLI (SF 2817) OMB No. 3206-0230
(expiration 9/30/2024)
<bullet> Designation of Beneficiary Federal Group Life Insurance
(FEGLI) Program (SF 2823) OMB No. 3206-0136 (expiration 12/31/2023)
<bullet> Withholding Certificate for Pension or Annuity Payments
(W-4P) OMB No. 1545-0074 (expiration 12/31/2023)
<bullet> Withholding Certificate for Nonperiodic Payments and
Eligible Rollover Distributions (W-4R) OMB No. 1545-0074 (expiration
12/31/2023) Treasury will include this modified system in its inventory
of record systems.
Below is the description of the Treasury, Departmental Offices
.214--DC Pensions Retirement Records System of Records.
Treasury has provided a report of this system of records to the
Committee on Oversight and Government Reform of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Office of Management and Budget (OMB),
pursuant to 5 U.S.C. 552a(r) and OMB Circular A-108, ``Federal Agency
Responsibilities for Review, Reporting, and Publication under the
Privacy Act,'' dated December 23, 2016.
Ryan Law,
Deputy Assistant Secretary for Privacy, Transparency, and Records.
SYSTEM NAME AND NUMBER:
Department of the Treasury, DO .214--DC Pensions Retirement
Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The records are maintained at the Office of DC Pensions, Department
of the Treasury, in Washington, DC and the Bureau of the Fiscal Service
in Parkersburg, WV, Kansas City, MO, and privately run secure storage
facilities in various states.
SYSTEM MANAGER(S):
Director, Office of DC Pensions, U.S. Department of the Treasury,
1500 Pennsylvania Avenue NW, Washington, DC 20220.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title XI, subtitle A, chapters 1 through 9, and subtitle C, chapter
4, subchapter B of the Balanced Budget Act of 1997, Public Law 105-33
(as amended); 31 U.S.C 321; and 5 U.S.C. 301.
PURPOSE(S) OF THE SYSTEM:
These records may provide information on which to base
determinations of (1) eligibility for, and computation of, benefit
payments and refund of contribution payments; (2) direct deposit
elections into a financial institution; (3) eligibility and premiums
for health insurance and group life insurance; (4) withholding of
income taxes; (5) under- or over-payments to recipients of a benefit
payment (6) the recipient's ability to repay an overpayment; (7) the
Federal payment made from the General Fund to the District of Columbia
Teachers, Police Officers and Firefighters Federal Pension Fund and the
District of Columbia Judicial Retirement and Survivors Annuity Fund;
(8) the impact on benefit payments due to proposed Federal and/or
District legislative changes; (9) the District or Federal liability for
benefit payments to former District police officers, firefighters,
teachers, and judges, including survivors, dependents, and
beneficiaries who are receiving a Federal and/or District benefit; (10)
whether someone committed fraud; and (11) the reliability of financial
statements.
Consistent with Treasury's information sharing mission, information
stored in DO .214--DC Retirement Records may be shared with other
Treasury Bureaus, as well as appropriate Federal, State, local, Tribal,
foreign, or international government agencies. This sharing will only
occur after Treasury determines that the receiving Bureau or agency
needs to know the information to carry out national security, law
enforcement, intelligence, or other functions consistent with the
routine uses set forth in this system of records notice.
[[Page 5307]]
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(A) Current and former District of Columbia police officers,
firefighters, teachers, and judges.
(B) Surviving spouses, domestic partners, children, and/or
dependent parents of current and former District of Columbia police
officers, firefighters, teachers, or judges, as applicable.
(C) Former spouses and domestic partners of current and former
District of Columbia police officers, firefighters, teachers, or
judges, as applicable.
(D) Designated beneficiaries of items A, B, and C.
(E) Non-annuitant debtors.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records include, but are not limited to,
identifying information such as: name(s); contact information; mailing
address; Social Security number; employee identification number;
service beginning and end dates; annuity beginning and end dates; date
of birth; sex; retirement plan; base pay; average base pay; final
salary; type(s) of service and dates used to compute length of service;
military base pay amount; purchase of service calculation and amount;
and/or benefit payment amount(s). The types of records in the system
may be:
(a) Documentation comprised of service history/credit, personnel
data, retirement contributions, and/or a refund claim upon which a
benefit payment(s) may be based.
(b) Medical records and supporting evidence for disability
retirement applications and continued eligibility, and documentation
regarding the acceptance or rejection of such applications.
(c) Records submitted by a surviving spouse, a domestic partner, a
child(ren), and/or a dependent parent(s) in support of claims to a
benefit payment(s).
(d) Records related to the withholding of income tax from a benefit
payment(s).
(e) Retirement applications, including supporting documentation,
and acceptance or denial of such applications.
(f) Death benefit applications, including supporting documentation,
submitted by a surviving spouse, domestic partner, child(ren), former
spouse, and/or beneficiary, that is required to determine eligibility
for and receipt of a benefit payment(s), or denial of such claims.
(g) Documentation of enrollment and/or change in enrollment for
health and life insurance benefits/eligibility.
(h) Designation(s) of a beneficiary(ies) for a life insurance
benefit and/or an unpaid benefit payment.
(i) Court orders submitted by former spouses or domestic partners
in support of claims to a benefit payment(s).
(j) Records relating to under- and/or over-payments of benefit
payments.
(k) Records relating to the refunds of employee contributions.
(l) Records relating to child support orders, bankruptcies, tax
levies, and garnishments.
(m) Records used to determine a total benefit payment and/or if the
benefit payment is a District or Federal liability.
(n) Correspondence received from individuals covered by the system.
(o) Records relating to time served on behalf of a recognized labor
organization.
(p) Records relating to benefit payment enrollment and/or change to
enrollment for direct deposit to an individual's financial institution.
(q) Records relating to educational program enrollments of age 18
and older children of former police officers, firefighters, teachers,
and judges.
(r) Records relating to the mental or physical disability condition
of age 18 and older children of former police officers, firefighters,
teachers, and judges.
(s) Records relating to a debtor's financial information, including
financial disclosure forms, credit reports, tax filings, bank
statements, and financial obligations.
RECORD SOURCE CATEGORIES:
The information in this system is obtained from:
a. The individual, or their representative, to whom the information
pertains.
b. District pay, leave, and allowance records.
c. Health benefits and life insurance plan records maintained by
the Office of Personnel Management, the District, and health and life
insurance carriers.
d. Federal civilian retirement systems.
e. Military retired pay system records.
f. Social Security Old Age, Survivor, and Disability Insurance and
Medicare Programs.
g. Official personnel folders.
h. Physicians who have examined or treated the individual.
i. Surviving spouse, domestic partners, child(ren), former
spouse(s), former domestic partner(s), and/or dependent parent(s) of
the individual to whom the information pertains.
j. State courts or support enforcement agencies.
k. Credit bureaus and financial institutions.
l. Government Offices of the District of Columbia, including the
District of Columbia Retirement Board.
m. The General Services Administration National Payroll Center.
n. The Department of the Interior Payroll Office.
o. Educational institutions.
p. Other components of the Department of the Treasury.
q. The Department of Justice.
r. Death reporting sources.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under the
Privacy Act of 1974, 5 U.S.C. 552a(b) records and/or information or
portions thereof maintained as part of this system may be disclosed
outside Treasury as a routine use pursuant to 5 U.S.C. 552a(b)(3) as
follows: (1) To the United States Department of Justice (``DOJ''), for
the purpose of representing or providing legal advice to the Department
in a proceeding before a court, adjudicative body, or other
administrative body before which the Department is authorized to
appear, when such proceeding involves:
(a) The Department or any component thereof;
(b) Any employee of the Department in his or her official capacity;
(c) Any employee of the Department in his or her individual
capacity where the Department of Justice or the Department has agreed
to represent the employee; or
(d) The United States, when the Department determines that
litigation is likely to affect the Department or any of its components;
and the use of such records by the DOJ is deemed by the DOJ or the
Department to be relevant and necessary to the litigation provided that
the disclosure is compatible with the purpose for which records were
collected.
(2) To an appropriate Federal, State, local, Tribal, foreign, or
international agency, if the information is relevant and necessary to a
requesting agency's decision concerning the hiring or retention of an
individual, or issuance of a security clearance, background
investigation, license, contract, grant, or other benefit, or if the
information is relevant and necessary to a DC Pension decision
concerning the hiring or retention of an employee, the issuance of a
security clearance, the reporting of an investigation of an employee,
the letting of a contract, or the issuance of a license, grant or other
benefit and when disclosure is appropriate to the proper performance of
the official duties of the person making the request.
(3) To a Congressional office in response to an inquiry made at the
[[Page 5308]]
request of the individual to whom the record pertains;
(4) To the National Archives and Records Administration Archivist
(or Archivist's designee) pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906;
(5) To appropriate agencies, entities, and persons when (1) the
Department of the Treasury suspects or has confirmed that there has
been a breach of the system of records; (2) the Department of the
Treasury has determined that as a result of the suspected or confirmed
breach there is a risk of harm to individuals, the Department of the
Treasury (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 the Department of the Treasury's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm;
(6) To another Federal agency or Federal entity, when the
Department of the Treasury 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 national
security, resulting from a suspected or confirmed breach;
(7) To disclose information to another Federal agency, to a court,
or to a party in litigation before a court or in an administrative
proceeding being conducted by a Federal agency, when the Federal
Government is a party to the judicial or administrative proceeding. In
those cases where the Federal Government is not a party to the
proceeding, records may not be disclosed unless the party complies with
the requirements of 31 CFR 1.11;
(8) To disclose information to contractors, subcontractors,
financial agents, grantees, auditors, actuaries, interns, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, or job for the Department, or the District;
(9) To disclose information needed to adjudicate a claim for
benefit payments or information needed to conduct an analytical study
of benefits being paid under such programs as: Social Security
Administration's Old Age, Survivor, and Disability Insurance and
Medical Programs; military retired pay programs; and Federal civilian
employee retirement programs (Civil Service Retirement System, Federal
Employees Retirement System, and other Federal retirement systems);
(10) To disclose to the U.S. Office of Personnel Management (OPM)
and to the District, information necessary to verify the election,
declination, or waiver of basic and/or optional life insurance
coverage, or coordinate with contract carriers the benefit provisions
of such coverage;
(11) To disclose to health insurance carriers contracting with OPM
to provide a health benefits plan under the Federal Employees Health
Benefits Program or health insurance carriers contracting with the
District to provide a health benefits plan under the health benefits
program for District employees, Social Security numbers and other
information necessary to identify enrollment in a plan, to verify
eligibility for payment of a claim for health benefits, or to carry out
the coordination for benefits provisions of such contracts;
(12) To disclose health insurance enrollment information to OPM.
OPM provides this enrollment information to their health care carriers
who provide a health benefits plan under the Federal Employees Health
Benefits Program, or health insurance carriers contracting with the
District to provide a health benefits plan under the health benefits
program for District employees, Social Security numbers and other
information necessary to identify enrollment in a plan, to verify
eligibility for payment of a claim for health benefits, or to carry out
the coordination for benefits provisions of such contracts;
(13) To disclose to certain people possibly entitled to a benefit
payment information that is contained in the record of a deceased
current or former police officer, firefighter, teacher, or judge to
assist in properly determining the eligibility and amount of a benefit
payment to a surviving recipient, or information that results from such
determination;
(14) To disclose to any person who is legally responsible for the
care of an individual to whom a record pertains, or who otherwise has
an existing, facially-valid power of attorney, including care of an
individual who is mentally incompetent or under other legal disability,
information necessary to assure application or payment of benefits to
which the individual may be entitled;
(15) To disclose to the Parent Locator Service of the Department of
Health and Human Services, upon its request, the present address of an
individual covered by the system needed for enforcing child support
obligations of such individual;
(16) In connection with an examination ordered by the District or
the Department under:
(a) Medical examination procedures; or
(b) Involuntary disability retirement procedures to disclose to the
representative of an employee, notices, decisions, other written
communications, or any other pertinent medical evidence other than
medical evidence about which a prudent physician would hesitate to
inform the individual; such medical evidence will be disclosed only to
a licensed physician, designated in writing for that purpose by the
individual or his or her representative. The physician must be capable
of explaining the contents of the medical record(s) to the individual
and be willing to provide the entire record(s) to the individual;
(17) To disclose information to any source from which the
Department seeks additional information that is relevant to a
determination of an individual's eligibility for, or entitlement to,
coverage under the applicable retirement, life insurance, and health
benefits program, to the extent necessary to obtain the information
requested;
(18) To disclose information to the Office of Management and Budget
(OMB) 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;
(19) To disclose to Federal, State, and local government agencies
responsible for the collection of income taxes the information required
to implement voluntary income tax withholdings from benefit payments;
(20) To disclose to the Social Security Administration the names
and Social Security numbers of individuals covered by the system when
necessary to determine (1) their vital status as shown in the Social
Security Master Records and (2) whether retirees receiving benefit
payments under the District's retirement plan for police officers and
firefighters with post-1956 military service credit are eligible for or
are receiving old age or survivors benefits under section 202 of the
Social Security Act based upon their wages and self-employment income;
(21) To disclose to Federal, State, and local government agencies
information to help eliminate fraud and abuse in a benefits program
administered by a requesting Federal, State, or local government
agency; to ensure
[[Page 5309]]
compliance with Federal, State, and local government tax obligations by
persons receiving benefits payments; and/or to collect debts and
overpayments owed to the requesting Federal, State, or local government
agency;
(22) To disclose to a Federal agency, or a person or an
organization under contract with a Federal agency to render collection
services for a Federal agency as permitted by law, in response to a
written request from the head of the agency or his designee, or from
the debt collection contractor, data concerning an individual owing a
debt to the Federal Government;
(23) To disclose, as permitted by law, information to a State court
or administrative agency in connection with a garnishment, attachment,
or similar proceeding to enforce alimony or a child support obligation;
(24) To disclose information necessary to locate individuals who
are owed money or property by a Federal, State, or local government
agency, or by a financial institution or similar institution, to the
government agency owing or otherwise responsible for the money or
property (or its agent);
(25) To disclose information necessary in connection with the
review of a disputed claim for health benefits to a health plan
provider participating in the Federal Employees Health Benefits Program
or the health benefits program for District employees, and to a program
enrollee or covered family member or an enrollee or covered family
member's authorized representative;
(26) To disclose information to another Federal agency for the
purpose of effecting administrative or salary offset against a person
employed by that agency, or who is receiving or eligible to receive
benefit payments from the agency when the Department as a creditor has
a claim against that person relating to benefit payments;
(27) To disclose information concerning delinquent debts relating
to benefit payments to other Federal agencies for the purpose of
barring delinquent debtors from obtaining Federal loans or loan
insurance guarantees pursuant to 31 U.S.C. 3720B;
(28) To disclose to Federal, State, and local government agencies
information used for collecting debts relating to benefit payments;
(29) To disclose to appropriate agencies, entities, and persons
when:
(a) The Department suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; or
(b) The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by the Department or another agency or entity) that rely
upon the compromised information; and
(c) The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with the Department's
efforts to respond to the suspected or confirmed compromise and
prevent, minimize, or remedy such harm;
(30) To disclose to a former spouse information necessary to
explain how his/her former spouse's benefit was computed;
(31) To disclose to a surviving spouse, domestic partner, surviving
child, dependent parent, and/or legal guardian information necessary to
explain how his/her survivor benefit was computed; and
(32) To disclose to a spouse, domestic partner, or dependent child
(or court-appointed guardian thereof) of an individual covered by the
system, upon request, whether the individual:
(a) changed his/her health insurance coverage and/or changed life
insurance benefit enrollment, or
(b) received a lump-sum refund of his/her retirement contributions.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper records in this system are stored in secure facilities in a
locked drawer, behind a locked door. Electronic records are stored on
magnetic disc, tape, digital media, and CD-ROM in secure facilities.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by various combinations of name; date of
birth; Social Security number; and/or an automatically assigned,
system-generated number of the individual to whom they pertain.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
In accordance with National Archives and Records Administration
(NARA) retention schedule, N1-056-09-001, certain records will be
destroyed after 115 years from the date of the former police officer's,
firefighter's, teacher's or judge's birth; or 30 years after the date
of his/her death, if no application for benefits is received. Under
that retention schedule, if a survivor or former spouse receives a
benefit payment, such record will be destroyed after his/her death. All
other records covered by this system will be destroyed in accordance
with approved Federal and Department guidelines. Paper records will be
destroyed by shredding or burning. Records in electronic media will be
electronically erased using NARA guidelines.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable Treasury
automated systems security and access policies. Strict controls have
been imposed to minimize the risk of compromising the information that
is being stored. Access to the computer system containing the records
in this system is limited to those who ``need-to-know'' the information
for the performance of their official duties and who have appropriate
clearances or permissions.
RECORD ACCESS PROCEDURES:
See ``Notification Procedures'' below.
CONTESTING RECORD PROCEDURES:
See ``Notification Procedures'' below.
NOTIFICATION PROCEDURES:
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 31 CFR part 1.36. You must
first verify your identity, meaning that you must provide your full
name, current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. In addition, you should
provide the following:
<bullet> An explanation of why you believe the Department would
have information on you;
<bullet> Identify which bureau(s) of the Department you believe may
have the information about you;
<bullet> Specify when you believe the records would have been
created;
<bullet> Provide any other information that will help the Bureau or
Freedom of Information Act staff determine which Treasury Bureau may
have responsive records; and
<bullet> If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the Office of D.C. Pensions may
not be able to conduct an effective search, and your
[[Page 5310]]
request may be denied due to lack of specificity or lack of compliance
with applicable regulations.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
Notice of this system of records was last published in full in the
Federal Register on March 9, 2021, as the Department of the Treasury,
Departmental Offices .214--DC Pensions Retirement Records.
[FR Doc. 2024-01567 Filed 1-25-24; 8:45 am]
BILLING CODE 4810-AK-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.