[Federal Register Volume 64, Number 178 (Wednesday, September 15, 1999)]
[Notices]
[Pages 50092-50094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23830]
[[Page 50092]]
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FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
Privacy Act of 1974; System of Records
AGENCY: Federal Retirement Thrift Investment Board.
ACTION: Proposed alteration to record system.
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SUMMARY: The Executive Director of the Federal Retirement Thrift
Investment Board (Board) is proposing to alter the Government-wide
system of records, FRTIB-1, Thrift Savings Plan Records. Under the
proposed alteration, new categories of records will be added to cover
records maintained for spouses, former spouses, and beneficiaries of
Thrift Savings Plan (TSP) participants to state routine uses which may
be made of records on these individuals, and to clarify that the term
``participant'' includes a former participant.
DATES: Comments must be received on or before November 15, 1999.
ADDRESSES: Comments may be sent to Thomas L. Gray, Federal Retirement
Thrift Investment Board, 1250 H Street, NW, Washington, DC 20005. FAX
(202) 942-1676.
FOR FURTHER INFORMATION CONTACT: Thomas L. Gray, (202) 942-1662.
SUPPLEMENTARY INFORMATION: The Board was established by the Federal
Employees' Retirement System Act of 1986 (FERSA), Pub. L. 99-335, 100
Stat. 514, which has been codified, as amended, largely at 5 U.S.C.
8351 and 8401-8479 (1994), to administer the Thrift Savings Plan (TSP).
The TSP is a tax-deferred retirement savings plan for Federal employees
that is similar to cash or deferred arrangements established under
section 401(k) of the Internal Revenue Code. There are over two million
TSP participants, and funds are held in trust for each participant. 5
U.S.C. 8437(g).
The Board is an independent agency established in the executive
branch of the United States Government which is subject to the Privacy
Act, 5 U.S.C. 552a. On May 7, 1990, initial notice of the Board's
systems of records, including FRTIB-1, was published in the Federal
Register at 55 FR 18949. A minor amendment to FRTIB-1 was published in
the May 20, 1994, Federal Register at 59 FR 26469, to delete routine
use provisions allowing disclosure to the Department of Veterans
Affairs, the Federal Housing Administration, and private financial
institutions, because disclosure to those entities could be made at the
written request of the participant. The provision allowing disclosure
to beneficiaries of deceased participants was also deleted as
unnecessary.
This alteration is necessary because the Board is updating its
computerized data base for the TSP record keeping system. FRTIB-1
currently lists TSP participants as the only category of individuals
covered by this system of records. Under the new TSP record keeping
system, spouses, former spouses, and beneficiaries of participants will
be added to this system of records.
The TSP Service Office processes domestic relations court orders
and legal process for the enforcement of a participant's obligation to
pay alimony or child support or for child abuse to determine if these
orders qualify to award funds from a participant's account. The
decision whether or not a spouse or former spouse is entitled to a
payment from the participant's account is mailed to the address
provided for that individual. A record that is retrieved by the Social
Security number (SSN) of the participant's spouse or former spouse will
be created at the same time that the decision letter is mailed, if the
SSN is known. If that individual's SSN is not known, a record will be
created as soon as the SSN is provided to the TSP Service Office.
In addition, following a participant's death, the amount remaining
in the account will be paid as a death benefit payment to the
participant's beneficiary or beneficiaries in accordance with the order
of precedence set forth in 5 U.S.C. 8424(d). A record that is retrieved
by the SSN of the participant's beneficiary or beneficiaries will be
created at the same time that a notice of pending Thrift Savings Plan
payment and tax withholding information is mailed, if the SSN is known
(or as soon as the SSN is provided thereafter). This notice is sent to
the beneficiary or beneficiaries following a determination that the
beneficiary(ies) is entitled to receive the death benefit payment.
A further change is being made to clarify that the term
``participant'' includes former participants, i.e., participants whose
accounts have been closed. While the current list of covered
individuals names only current participants, the record system also
covers former participants on whom TSP records are maintained. The
system notice now specifically includes them in the record system.
Further changes are being made to the routine uses for which
information may be disclosed. Routine use (a) is revised to specify
that the address of the subject of the record may be provided to tax
enforcement agencies. Routine use (d) is revised to provide for
disclosure to the attorney for the participant's current or former
spouse, and to state that the disclosure is made to allow those
individuals to protect spousal rights and receive benefits to which
they may be entitled. Routine use (l) is revised to clarify the
circumstances under which disclosure may be made to a Federal, state,
or local agency. Routine use (q) is added to allow for disclosure to
contractors engaged by the Board.
Two other minor changes are also being made. In the system
location, the subsets for records located at the system manager's
address have been eliminated, because all records will be maintained at
the location of the TSP record keeper. In addition, the category of
records in the system has been rewritten for clarity, and minor
grammatical changes have been made throughout this record system
notice.
Roger W. Mehle,
Executive Director, Federal Retirement Thrift Investment Board.
FRTIB-1
SYSTEM NAME:
Thrift Savings Plan Records.
SYSTEM LOCATION:
These records are located at the offices of the entity engaged by
the Board to perform record keeping services for the TSP. Currently,
the TSP record keeper is the National Finance Center, Department of
Agriculture, whose mailing address is TSP Service Office, National
Finance Center, PO Box 61500, New Orleans, Louisiana 70161-1500.
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 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.
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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 and
designated beneficiary; 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 and home address
for participants, spouses, former spouses, and beneficiaries and
potential beneficiaries; 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.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 8474.
PURPOSE(S):
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.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
These records and information in these records may be used:
a. To disclose financial data and addresses to Federal, state, and
local governmental tax enforcement agencies so that they may enforce
applicable tax laws.
b. To disclose to the designated annuity vendor in order to provide
TSP participants who have left Federal service with an annuity.
c. 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.
d. 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.
e. When a participant to whom a record pertains dies, to disclose
the following types of information to any potential beneficiary and
anyone handling the decedent's estate: Information in the participant's
record which could have been properly disclosed to the individual when
living and the name and relationship of any other person who claims the
benefits or who is entitled to share the benefits payable.
f. 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.
g. 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.
h. 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.
i. 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.
j. To disclose to the Department of Labor and to private sector
audit firms so that they may perform audits as provided for in FERSA.
k. 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.
l. To disclose pertinent information to the appropriate Federal,
foreign, state, local, or tribal agency, or to other public authority
responsible for investigating, prosecuting, enforcing, or implementing
a statute, rule, regulation, or order, upon its request, when presented
with an indication that the information is relevant to any enforcement,
regulatory, investigative, or prosecutorial responsibility of that
agency or authority.
m. 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.
n. To disclose to a 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 a possible threat to his or her health or safety.
o. 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.
p. 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.
q. 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.
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Policies and practices of storing, retrieving, safeguarding, retaining,
and disposing of records in the system:
Storage:
These records are maintained on electronic or magnetic media, on
microfilm, or in folders.
Retrievability:
These records are retrieved by SSN and other personal identifiers
of the individual to whom they pertain.
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.
Retention and disposal:
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.
System manager(s) and address:
Executive Director, Federal Retirement Thrift Investment Board,
1250 H Street, NW, Washington, DC 20005.
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. 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 Web site and the ThriftLine (the TSP's automated
telephone system). The TSP Web site is located at www.tsp.gov. To use
the TSP ThriftLine, the participant must have a touch-tone telephone
and call the following number (504) 255-8777. The following information
is available on the TSP Web site 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. Because a PIN is required to use these features, they
are not available to former participants.
Contesting record procedure:
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 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.
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).
[FR Doc. 99-23830 Filed 9-14-99; 8:45 am]
BILLING CODE 6760-01-P
