[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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