[Federal Register Volume 61, Number 199 (Friday, October 11, 1996)]
[Notices]
[Pages 53466-53468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26314]
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PENSION BENEFIT GUARANTY CORPORATION
Privacy Act of 1974; System of Records
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Notice of a new routine use of records for PBGC-6, Plan
Participant and Beneficiary Data--PBGC.
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SUMMARY: The Pension Benefit Guaranty Corporation is proposing a new
routine use of records for a system of records maintained pursuant to
the Privacy Act of 1974, as amended, entitled PBGC-6, Plan Participant
and Beneficiary Data--PBGC. The new routine use will permit disclosure
to the public of names and last known addresses of participants who are
or may be entitled to benefits under terminated pension plans, and the
names and last known addresses of their former employers, so that
missing participants will know that they are being sought.
DATES: Comments on the new routine use must be received by November 12,
1996. The new routine use will become effective November 20, 1996,
without further notice, unless comments result in a contrary
determination and a notice is published to that effect.
ADDRESSES: Comments may be mailed to the Office of the General Counsel,
Suite 340, Pension Benefit Guaranty Corporation, 1200 K Street, NW.,
Washington, DC 20005-4026, or delivered to that address between 9 a.m.
and 4 p.m. on business days. Written comments will be available for
public inspection at the PBGC's Communications and Public Affairs
Department, Suite 240 at the same address, between 9 a.m. and 4 p.m. on
business days.
FOR FURTHER INFORMATION CONTACT: D. Bruce Campbell, Attorney, Office of
the General Counsel, Suite 340, Pension Benefit Guaranty Corporation,
1200 K Street, NW., Washington, DC 20005-4026; 202-326-4123 (202-326-
4179 for TTY and TDD).
SUPPLEMENTARY INFORMATION: The PBGC maintains certain information about
participants and beneficiaries in terminating and terminated pension
plans covered by title IV of the Employee Retirement Income Security
Act of 1974, as amended, in a Privacy Act system of records entitled
PBGC-6, Plan Participant and Beneficiary Data--PBGC.
To assist the PBGC in locating missing participants and
beneficiaries, including missing participants under section 4050 of
ERISA, the PBGC previously established routine uses of records for
PBGC-6 that permit disclosure of certain information to the Internal
Revenue Service, the Social Security Administration, certain labor
organizations, private locator services, the United States Postal
Service, and to certain other participants and beneficiaries. To
provide an additional tool for locating missing participants, PBGC is
establishing a new routine use of records for PBGC-6, routine use 11,
that will permit disclosure of certain information so that missing
participants will know that they are being sought. Routine use 11 will
permit disclosure to the public of names and last known addresses of
participants and beneficiaries, and the names and addresses of
participants' former employers. Such information will be disclosed only
if the PBGC is unable to make benefit payments because the address it
has does not appear to be current or correct.
For the convenience of the public, PBGC-6, as amended, is published
in full below with new routine use 11 italicized.
Issued in Washington, DC, this 9th day of October 1996.
Martin Slate,
Executive Director, Pension Benefit Guaranty Corporation.
PBGC-6
Plan Participant and Beneficiary Data--PBGC.
Not applicable.
Pension Benefit Guaranty Corporation, 1200 K Street, NW.,
Washington, DC 20005-4026 and/or field benefit administrator, plan
administrator, and paying agent worksites.
Participants and beneficiaries in terminating and terminated
pension plans covered by Title IV of the Employee Retirement Income
Security Act of 1974, as amended (``ERISA'').
Names, addresses, telephone numbers, sex, social security numbers
and other Social Security Administration information, dates of birth,
dates of hire, salary, marital status (including domestic relations
orders), time of plan participation, eligibility status, pay status,
benefit data, health-related information, insurance information where
plan benefits are guaranteed by private insurers, and initial and final
PBGC determinations (29 CFR 2606.22 and 2606.60). The records listed
herein are included only as pertinent or applicable to the individual
plan participant or beneficiary.
29 U.S.C. 1055, 1056(d)(3), 1302, 1321, 1322, 1322a, 1341, 1342 and
1350.
This system of records is maintained for use in determining
eligibility for benefits under plans covered by Title IV of ERISA,
including determinations as
[[Page 53467]]
to the participants and beneficiaries entitled to benefits and the
amounts of such benefits to be paid, and in making benefit payments and
collecting benefit overpayments.
1. A record from this system of records may be disclosed to third
parties, such as banks, insurance companies, or trustees, to make
benefit payments to plan participants and beneficiaries.
2. A record from this system of records 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 controlled group.
3. A record from this system of records may be disclosed, upon
request for a purpose authorized under Title IV of ERISA, to an
official of a labor organization recognized as the collective
bargaining representative of the individual about whom a request is
made.
4. Names, addresses, and telephone numbers of participants and
beneficiaries and information pertaining to debts owed by such
participants and beneficiaries to the PBGC may be disclosed to a debt
collection agency or firm to collect a claim. Disclosure shall be made
only under a contract that binds any such contractor or employee of
such contractor to the criminal penalties of the Privacy Act. The
information so disclosed shall be used exclusively pursuant to the
terms and conditions of such contract and shall be used solely for the
purposes prescribed therein. The contract shall provide that the
information so disclosed shall be returned at the conclusion of the
debt collection effort.
5. 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 (``FAA'') to obtain information
relevant to the participant's eligibility or continued eligibility for
disability benefits.
6. Names and social security numbers of plan participants and
beneficiaries may be disclosed to the Internal Revenue Service
(``IRS'') to obtain current addresses from tax return information and
to the Social Security Administration (``SSA'') to obtain current
addresses under the SSA's Letter Forwarding Service. Such information
will be disclosed only if the PBGC has no address for an individual or
if mail sent to the individual at the last known address is returned as
undeliverable.
7. Names and last known addresses may be disclosed to an official
of a labor organization recognized as the collective bargaining
representative of participants for posting in union halls or for other
means of publication to obtain current addresses of participants and
beneficiaries. Such information will be disclosed only if the PBGC has
no address for an individual or if mail sent to the individual at the
last known address is returned as undeliverable.
8. Names, social security numbers, last known addresses, and dates
of birth and death may be disclosed to private firms and agencies that
provide locator services, including credit reporting agencies and debt
collection firms or agencies, to locate participants and beneficiaries.
Such information will be disclosed only if the PBGC has no address for
an individual or if mail sent to the individual at the last known
address is returned as undeliverable. Disclosure shall be made only
under a contract that binds the firm or agency providing the service
and its employees to the criminal penalties of the Privacy Act. The
information so disclosed shall be used exclusively pursuant to the
terms and conditions of such contract and shall be used solely for the
purposes prescribed therein. The contract shall provide that the
information so disclosed shall be returned at the conclusion of the
locating effort.
9. Names and last known 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 Program. Such information
will be disclosed only if the PBGC has no address for an individual or
if mail sent to the individual at the last known address is returned as
undeliverable. Disclosure shall be made only under a contract that
binds the licensee of the Postal Service and its employees to the
criminal penalties of the Privacy Act. The information so disclosed
shall be used exclusively pursuant to the terms and conditions of such
contract and shall be used solely for the purposes prescribed therein.
The contract shall provide that the information so disclosed shall be
returned at the conclusion of the locating effort.
10. Names and last known addresses may be disclosed to other
participants in, and beneficiaries under, a pension plan to obtain the
current addresses of individuals. Such information will be disclosed
only if the PBGC has no address for an individual or if mail sent to
the individual at the last known address is returned as undeliverable.
11. Names and last known addresses of participants and
beneficiaries, and the names and addresses of participants' former
employers, may be disclosed to the public to obtain current addresses
of the individuals. Such information will be disclosed to the public
only if the PBGC is unable to make benefit payments to the participants
and beneficiaries because the address it has does not appear to be
current or correct.
General Routine Uses G1 and G4 through G7 (see Prefatory Statement
of General Routine Uses) apply to this system of records.
Information may be disclosed to a consumer reporting agency in
accordance with 31 U.S.C. 3711(f) (5 U.S.C. 552a(b)(12)).
Records are maintained manually in file folders and/or in automated
form.
Records are indexed by plan and participant and/or beneficiary
name.
Manual records are kept in areas of restricted access that are
locked after office hours; access to automated records is restricted.
Records for plan participants are transferred to the Washington
National Federal Records Center 6 months after either the final payment
to a participant and/or beneficiary or the PBGC's final determination
that a participant or beneficiary is not entitled to any benefits and
are destroyed 7 years after such payment or determination.
Director, Insurance Operations Department, Pension Benefit Guaranty
Corporation, 1200 K Street, NW., Washington, DC 20005-4026.
Procedures are detailed in PBGC regulations: 29 CFR Part 2607.
Same as notification procedure.
Same as notification procedure.
[[Page 53468]]
Plan administrators, participants and beneficiaries, the FAA, the
SSA, labor organization officials, firms or agencies providing locator
services, and USPS licensees.
None.
[FR Doc. 96-26314 Filed 10-10-96; 8:45 am]
BILLING CODE 7708-01-P
