96-24565. Privacy Act of 1974; Computer Matching Programs OPM/Department of Labor, Office of Workers' Compensation Programs  

  • [Federal Register Volume 61, Number 187 (Wednesday, September 25, 1996)]
    [Notices]
    [Pages 50351-50352]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-24565]
    
    
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    OFFICE OF PERSONNEL MANAGEMENT
    
    
    Privacy Act of 1974; Computer Matching Programs OPM/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 the 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 concurrent benefits under CSRA or FERSA and the 
    FECA. Both the CSRA and FERSA, on one hand, and the FECA, on the other, 
    prohibit the receipt of certain concurrent 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, 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 amendments 
    published at 59 FR 47361 on September 15, 1994.
    
    DATE: The matching program will begin in October 1996, 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 October 1, 1996, unless comments are 
    received which will result in a contrary determination. 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.
    
    ADDRESS: Send comments to Kathleen M. McGettigan, Assistant Director 
    for
    
    [[Page 50352]]
    
    Financial Control and Management, 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 FERSA 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 the Federal employee is 
    prohibited. It is the responsibility of OPM to monitor retirement 
    annuity and survivor benefits paid under the CSRA or FERSA to ensure 
    that its beneficiaries are not receiving benefits under the FECA which 
    are prohibited during receipt of benefits under the CSRA or FERSA. 
    Similarly, it is the responsibility of the OWCP to ensure that Federal 
    employees or dependents of deceased Federal employees receiving 
    benefits under the FECA are not also receiving benefits under the CSRA 
    or FERSA which are prohibited.
        By comparing the information received through this computer 
    matching program on a recurring basis, the agencies will be able to 
    make a timely and more accurate adjustment in the benefits payable. 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, the dates of the program, security 
    safeguards, and plans for disposition following completion of the 
    matches are provided in the text below.
    
    Office of Personnel Management.
    James B. King,
    Director.
    
    Matching of Records between Office of Workers' Compensation 
    Programs and Office of Personnel Management
    
        A. Authority: The Civil Service Retirement Act (CSRA), 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 may also receive benefits under 
    the FECA. It is the responsibility of OPM as the administrator of the 
    CSRA and the FERSA to assure that such benefit payments are proper and 
    to prevent fraud and abuse. The computer matching program is an 
    efficient and nonobstrusive method of determining whether these 
    individuals are receiving benefits from both OWCP and OPM prohibited by 
    the FECA, CSRA and FERSA. OWCP will provide OPM with extracts of its 
    payment files containing data (names, social security numbers, dates of 
    birth, claim 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 on 
    the same date 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. The organization responsible 
    for initiating the recovery of the overpayment of benefits will afford 
    the individual due process before any payment modifications are made.
        C. Personal Records to be Matched: The OPM system of records 
    published as OPM-CENTRAL-1, Civil Service Retirement and Insurance 
    Records, at 60 FR 63075, December 8, 1995, which contains payment data 
    on recipients of CSRA and FERSA benefits disbursed by OPM will be 
    matched to OWCP records published at 58 FR 49548, on September 23, 1993 
    with amendments published at 59 FR 47361 on September 15, 1994, which 
    contains data pertinent to the payment of Federal employees and their 
    dependents under the FECA.
        D. Dates: Data exchanges will begin during calendar year 1996 at a 
    mutually agreeable time and will be repeated every six months, until 
    one of the parties to the agreement advises the other by written 
    request to terminate or modify the agreement.
        E. 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 Protection 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 duty hours and nonduty hours or when not in 
    use.
        F. 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,'' the records relating to matched individuals, 
    will be disposed of in accordance with the provisions of 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. 96-24565 Filed 9-24-96; 8:45 am]
    BILLING CODE 6325-01-M