99-24113. Privacy Act of 1994; Computer Matching Programs Office of Personnel Management/Department of Labor Office of Workers' Compensation Programs  

  • [Federal Register Volume 64, Number 179 (Thursday, September 16, 1999)]
    [Notices]
    [Pages 50306-50307]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-24113]
    
    
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    OFFICE OF PERSONNEL MANAGEMENT
    
    
    Privacy Act of 1994; Computer Matching Programs Office of 
    Personnel Management/Department of Labor Office of Workers' 
    Compensation Programs
    
    AGENCY: Office of Personnel Management (OPM).
    
    ACTION: Publication of notice of computer matching to comply with 
    Public Law 100-503, the Computer Matching and Privacy Act of 1988.
    
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    SUMMARY: OPM is publishing notice of its computer matching program with 
    the Department of Labor, Office of Workers' Compensation Programs 
    (OWCP) to meet the reporting and publication requirements of Public Law 
    100-503. The purpose of this match is to identify and/or prevent 
    erroneous payments under the Civil Service Retirement Act (CSRA) or the 
    Federal Employees' Retirement System Act (FERSA) and the Federal 
    Employees' Compensation Act (FECA). The match will identify individuals 
    receiving prohibited benefits simultaneously under CSRA or FERSA and 
    the FECA. All three laws prohibit the receipt of certain simultaneous 
    payments covering the same period of time.
        The match will involve the OPM system of records published as OPM 
    CENTRAL-1, Civil Service Retirement and Insurance Records at 60 FR 
    63075, December 8, 1995, as amended August 27, 1998 (63 FR 45881) and 
    the Department of Labor system of records published as DOL/GOVT-1, 
    entitled ``Office of Workers' Compensation Programs, Federal Employees' 
    Compensation Act File'' at 58 FR 49548, on September 23, 1993, with
    
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    amendments published at 59 FR 47361 on September 15, 1994.
    
    DATES: The matching program will begin in September 1999, or 40 days 
    after agreements by the parties participating in the match have been 
    submitted to Congress and the Office of Management and Budget, 
    whichever is later. The matching program will continue for 18 months 
    from the beginning date and may be extended an additional 12 months 
    thereafter. The data exchange will begin at a date mutually agreed upon 
    between OPM and OWCP after September 1, 1999, unless comments to the 
    match are received that result in cancellation of the program. 
    Subsequent matches will take place semi-annually on a recurring basis 
    until one of the parties advises the other in writing of its intention 
    to reevaluate, modify and/or terminate the agreement.
    
    ADDRESSES: Send comments to Kathleen M. McGettigan, Assistant Director 
    for Systems, Finance and Administration, Office of Personnel Management 
    Room 4312, 1900 E. Street NW. Washington, DC 20415.
    
    FOR FURTHER INFORMATION CONTACT: Marc Flaster, (202) 606-2115.
    
    SUPPLEMENTARY INFORMATION: The computer matching program between OPM 
    and OWCP will involve comparison of beneficiaries under the FECA and 
    the CSRA or the FERSA. The match will identify beneficiaries receiving 
    payment of compensation for wage loss or death under the FECA and those 
    receiving retirement or death benefits under the CSRA or FERS covering 
    the same period of time.
        The concurrent receipt of benefits under the FECA based on wage 
    loss and under the CSRA or FERSA for retirement, or under the FECA, 
    CSRA, or FERSA based on the death of a Federal employee is prohibited. 
    OPM has the responsibility to monitor retirement annuity and survivor 
    benefits paid under the retirement laws to ensure that it beneficiaries 
    are not receiving benefits under the FECA which are prohibited during 
    receipt of benefits under the CSRA or FERSA. Similarly, it is OWCP's 
    responsibility to ensure that Federal employees or dependents of 
    deceased Federal employees receiving benefits under the FECA are not 
    also receiving benefits under CSRA or FERSA which are prohibited.
        By comparing the information received through this computer 
    matching program on a regular basis, the agencies will be able to make 
    a timely and more accurate adjustment in their benefit payments. The 
    match will prevent overpayments, fraud and abuse, thus assuring that 
    benefit payments are proper under the appropriate Acts.
        Additional information regarding the matching program, including 
    the authority for the program, a description of the matches, the 
    personnel records to be matched, security safeguards, and plans for the 
    disposal of records following completion of the match are provided in 
    the text below.
    
    Office of Personnel Management.
    Janice R. Lachance,
    Director.
    
    Matching of Records Between Office of Workers' Compensation 
    Programs and the Office of Personnel Management
    
        A. Authority. The Civil Service Retirement Act (CSRA), 5 U.S.C. 
    8331, et seq.; the Federal Employees' Retirement System Act (FERSA), 5 
    U.S.C. 8401, et seq.; and the Federal Employees' Compensation Act 
    (FECA), 5 U.S.C. 8101, et seq.
        B. Description of Computer Matching Program. OPM pays annuities or 
    survivor benefits to individuals who also may receive benefits under 
    the FECA. OPM's responsibility as the Administrator of CSRA and the 
    FERSA is to assure that such benefit payments are proper and to prevent 
    fraud and abuse. The computer matching program is an efficient method 
    of determining whether these individuals are receiving benefits 
    simultaneously from both OPM and OWCP which is prohibited by law.
        OWCP will provide OPM with extracts of its payment files containing 
    data (names, social security numbers, payee relationship codes, 
    addresses, zip codes, and payment data) needed to identify the 
    individual and determine if he or she is receiving benefits from both 
    organizations at the same time. OPM will match OWCP's extract of its 
    payment files against its payment records for the same dates to 
    determine if benefits were being paid for the same day by both 
    agencies. OPM will provide OWCP with a list of valid matches. Both 
    organizations will detect, identify, and follow-up on payment of 
    prohibited dual benefits. An individual identified as receiving 
    prohibited dual benefits will be offered an opportunity to contest the 
    findings and proposed actions and the opportunity to elect the benefits 
    he or she wishes to receive. This due process will be provided to the 
    individual before any payment adjustments are made.
        C. Personnel Records to be Matched. The respective OPM and OWCP 
    system of records cited above, which contain payment date on 
    beneficiaries, will be matched.
        D. Privacy Safeguards and Security. The personal privacy of the 
    individuals whose names are included in the tapes is protected by 
    strict adherence to the provisions of the Privacy Act of 1974 and OMB's 
    Guidance Interpreting the Provisions of Pub. L. 100-503, the Computer 
    Matching and Privacy Act of 1988 (54 FR 25818). Security safeguards 
    include limiting access only to the files agreed to and only to agency 
    personnel having a ``need to know''. All automated records will be 
    password protected and the data listing will be locked in file areas 
    after normal duty hours. Records matched or created by the match will 
    be stored in an area that is physically safe from access by 
    unauthorized persons during normal work hours and after work, or when 
    not in use.
        E. Disposal of Records. The files will remain the property of the 
    respective source agencies and all records including those not 
    containing matches will be returned to the source agency for 
    destruction. ``Hits'', those records relating to matched individuals, 
    will be disposed of in accordance with the Privacy Act and the Federal 
    Record Schedules after serving their purpose. The data obtained from 
    confirmed hits will be entered in the claims file, subject to release 
    only in accordance with the provisions of the Privacy Act.
    
    [FR Doc. 99-24113 Filed 9-15-99; 8:45 am]
    BILLING CODE 6325-01-M