[Federal Register Volume 64, Number 178 (Wednesday, September 15, 1999)]
[Proposed Rules]
[Pages 50012-50014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23829]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 64, No. 178 / Wednesday, September 15, 1999 /
Proposed Rules
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FEDERAL RETIREMENT THRIFT INVESTMENT BOARD
5 CFR Part 1630
Privacy Act Regulations; Implementation
AGENCY: Federal Retirement Thrift Investment Board.
ACTION: Proposed rule with request for comments.
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SUMMARY: The Executive Director of the Federal Retirement Thrift
Investment Board (Board) is publishing a proposed amendment to the
Board's Privacy Act regulations. Under the proposed amendment,
procedures will be added to cover records maintained for spouses,
former spouses, and beneficia-ries of Thrift Savings Plan (TSP)
participants.
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 administers the TSP, which was
established by the Federal Employees' Retirement System Act of 1986
(FERSA), Pub. L. 99-335, 100 Stat. 514. The provisions governing the
TSP are codified, as amended, largely at 5 U.S.C. 8351 and 8401-8479
(1994). The TSP is a taxdeferred retirement savings plan for Federal
employees which is similar to cash or deferred arrangements established
under section 401(k) of the Internal Revenue Code. Sums in a
participant's TSP account are held in trust for the participant. 5
U.S.C. 8437(g).
The Board is an independent agency established in the executive
branch of the United States Government that is subject to the Privacy
Act, 5 U.S.C. 552a. On May 7, 1990, initial Board regulations
implementing the Privacy Act were published in the Federal Register at
55 FR 18851. An amendment to these regulations was published in the May
20, 1994, Federal Register at 59 FR 26409, to allow the disclosure of
participant records in response to a copy of an authorization signed by
the subject of the records, instead of an original signed statement.
In addition to records similar to other Federal agencies, the Board
maintains FRTIB-1, Thrift Savings Plan Records, which is a Government-
wide system of records of participants in the TSP. For purposes of this
part, the definition of TSP participant includes former participants,
i.e., participants whose accounts have been closed, unless otherwise
noted. The TSP records system may be maintained for the Board by a
private contractor or by a Federal agency (record keeper or TSP record
keeper). The current record keeper is the National Finance Center, U.S.
Department of Agriculture, New Orleans, LA 70161-1500. In addition to
writing or calling the TSP record keeper, participants may also
determine whether this system contains records about them and may
access those records through the TSP Web site and the ThriftLine (the
TSP's automated telephone system). Because these features require the
use of the participant's TSP Personal Identification Number (PIN), as
well as the participant's Social Security number (SSN), they are not
available to former participants, whose PINs are canceled when their
accounts are closed.
This proposed amendment to the Board's rules is necessary because
the Board is updating its computerized data base for the TSP record
keeping system. Under the new TSP record keeping system, in addition to
records on participants, FRTIB-1 will include records on spouses,
former spouses, and beneficiaries of participants. The Privacy Act
defines a record as ``any item, collection, or grouping of information
about an individual that is maintained by an agency * * *.'' 5 U.S.C.
552a(a)(4). A system of records is defined as ``a group of any records
under the control of any agency from which information is retrieved by
the name of the individual or by some identifying number, symbol, or
other identifying particular assigned to the individual.'' Id.
552a(a)(5).
A spouse or former spouse may be entitled to a payment from a
participant's account as the result of an award made under a qualifying
domestic relations court order. Under the new TSP record keeping
system, a record that is retrieved by the Social Security number (SSN)
of the spouse or former spouse will be created in the FRTIB-1 system of
records at the same time that the decision letter is mailed, if the SSN
is known. If the individual's SSN is not known, a record will be
created as soon thereafter as the SSN is provided to the TSP record
keeper.
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 5 U.S.C.
8424(d). A record that is retrieved by the SSN of the beneficiary or
beneficiaries will be created in the FRTIB-1 system of records 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
thereafter as the SSN is provided to the TSP record keeper).
Proposed rule changes to 5 CFR 1630 establish procedures for
granting access to records regarding a spouse, former spouse, or
beneficiary. In addition, technical changes have been made to conform
the regulations to this change and to remove, except where necessary
for mailing purposes, the name of the TSP Service Office as the record
keeper. This latter change will mean that the regulations do not have
to be amended if a new record keeper is appointed.
Regulatory Flexibility Act
I certify that this amendment will not have a significant economic
impact on a substantial number of small entities. It will affect only
spouses, former spouses, and beneficiaries of TSP participants.
Paperwork Reduction Act
I certify that this regulation does not require additional
reporting under the criteria of the Paperwork Reduction Act of 1980.
Unfunded Mandates Reform Act of 1995
Pursuant to the Unfunded Mandates Reform Act of 1995, section 201,
Pub. L. 104-4, 109 Stat. 48, 64, the effect of this regulation on
State, local, and tribal governments and on the private sector has been
assessed. This regulation will not compel the expenditure in any one
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year of $100 million or more by any State, local, and tribal
governments in the aggregate, or by the private sector. Therefore, a
statement under section 202, 109 Stat. 48, 64-65, is not required.
List of Subjects in 5 CFR Part 1651
Employee benefit plans, Government employees, Pensions, Privacy,
Retirement.
Roger W. Mehle,
Executive Director, Federal Retirement Thrift Investment Board.
For the reasons set forth in the preamble, part 1630 of chapter VI
of title 5 of the Code of Federal Regulations is amended as follows:
PART 1630--PRIVACY ACT REGULATIONS
1. The authority citation for part 1630 continues to read as
follows:
Authority: 5 U.S.C. 552a.
2. Section 1630.2 is amended as follows:
a. In paragraph (e) by adding the words ``or the record keeper''
after the word ``Board''; and
b. By redesignating paragraphs (f), (g), (h), (i), (j), (k), (l),
(m), and (n) as paragraphs (g), (h), (i), (j), (k), (l), (n), (o), and
(p), respectively, and by adding paragraphs (f) and (m) to read as
follows:
Sec. 1630.2 Definitions.
* * * * *
(f) Record keeper means the entity that is engaged by the Board to
perform record keeping services for the TSP;
* * * * *
(m) TSP participant means any individual for whom a TSP account has
been established. This includes former participants, i.e., participants
whose accounts have been closed;
* * * * *
3. Section 1630.4 is amended by revising paragraph (a)(1) and the
chart which follows that paragraph, by redesignating paragraphs (a)(2),
(a)(3), and (a)(4) as paragraphs (a)(3), (a)(4) and (a)(5), and by
adding a new paragraph (a)(2) to read as follows:
Sec. 1630.4 Request for notification and access.
(a) TSP records. (1) Records on TSP participants and the spouses,
former spouses, and beneficiaries of TSP participants are maintained in
the Governmentwide system of records, FRTIB-1, Thrift Savings Plan
Records. A participant or a spouse, former spouse, or beneficiary of a
participant must make his or her inquiry in accordance with the chart
set forth in this paragraph. The mailing address of the Thrift Savings
Plan Service Office is: National Finance Center, PO Box 61500, New
Orleans, LA, 70161-1500. Telephone inquiries are subject to the
verification procedures set forth in Sec. 1630.7. A written inquiry
must include the name and Social Security number of the participant or
of the spouse, former spouse, or beneficiary of the participant, as
appropriate.
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To obtain information about or gain access to TSP records about you
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If you are a
participant who has
If you are a separated from
If you want: participant who is a Federal employment
current Federal or a spouse, former
employee: spouse, or
beneficiary:
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To make inquiry as to Call or write to Call or write to TSP
whether you are a subject your employing record keeper.
of this system of records. agency in
accordance with
agency procedures
for personnel or
payroll records.
To gain access to a record Call or write to Call or write to TSP
about you. your employing record keeper.
agency to request
access to personnel
and payroll records
regarding the
agency's and the
participant's
contributions, and
adjustments to
contributions. Call
or write to the TSP
record keeper to
gain access to loan
status and
repayments,
earnings,
contributions
allocation
elections,
interfund
transfers, and
withdrawal records.
To learn the history of Write to TSP record Write to TSP record
disclosures of records keeper. keeper.
about you to entities other
than the participant's
employing agency or the
Board or auditors see Sec.
1630.4(a)(4).
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(2) 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 partici-pant 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. To access these
features the participant will need to provide his or her SSN and PIN.
* * * * *
Sec. 1630.5 [Amended]
4. Section 1630.5 is amended in paragraphs (a) and (b) by adding
the words ``or the TSP record keeper'' after the word ``Board''.
Sec. 1630.6 [Amended]
5. Section 1630.6 is amended in paragraph (a) by removing at the
end of the first sentence the phrase ``by the Board''.
6. Section 1630.7 is amended as follows:
a. In paragraph (a), by adding the words ``or record keeper
designee,'' after the words ``Privacy Act Officer'' in the third
sentence;
b. In paragraph (b), by adding the words ``or record keeper
designee,'' after the words ``Privacy Act Officer'' in the second
sentence; and
c. By revising paragraph (c) to read as follows:
Sec. 1630.7 Identification requirements.
* * * * *
(c) By telephone. (1) Telephone identification procedures apply
only to requests from participants and spouses, former spouses, or
beneficiaries of participants for information in FRTIB-1,
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Thrift Savings Plan Records, which is retrieved by their respective
Social Security numbers.
(2) A participant or a spouse, former spouse, or beneficiary of a
participant must identify himself or herself by providing to the record
keeper designee his or her name, Social Security number, and any other
information requested. If the record keeper designee determines that
any of the information provided by telephone is incorrect, the
requester will be required to submit a request in writing.
(3) A participant may also access the TSP Web site or call the TSP
ThriftLine to obtain account information. These systems require the
participant's Social Security number and PIN. Because a PIN is required
to use these features, they are not available to former participants,
whose PINs are canceled when their accounts are closed.
Sec. 1630.8 [Amended]
7. Section 1630.8 is amended as follows:
a. In paragraph (a), by removing the second sentence;
b. In paragraph (b)(1), by adding the words ``or the record
keeper'' after the word ``Board'; and
c. In paragraph (b)(5), by adding the words ``or the record
keeper'' after the word ``Board'' in the first sentence, and by adding
the words ``or record keeper designee'' after the words ``Privacy Act
Officer'' in the second sentence.
Sec. 1630.11 [Amended]
8. Section 1630.11 is amended as follows:
a. In paragraph (a)(1), by adding the following sentence at the
beginning of the paragraph:
(a) * * * (1) A spouse, former spouse or beneficiary of a TSP
participant who wants to correct or amend his or her record must write
to the TSP record keeper. * * *
b. In paragraph (a)(1) by revising the chart to read as follows:
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To correct or amend a TSP record
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If you are a
If you are a participant who
If the type of record is: participant who is has separated from
a current Federal Federal employment
employee write to: write to:
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Personnel or personal records Write to your Write to TSP
(e.g., age, address, Social employing agency. record keeper.
Security number, date of birth).
The agency's and the Write to your Write to your
participant's contributions, employing agency. former employing
and adjustments to agency.
contributions.
Earnings, investment allocation, Write to TSP Write to TSP
interfund transfers, loans, record keeper. record keeper.
loan repayments, and
withdrawals.
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c. In paragraph (a)(3), by removing the following language from the
first sentence, ``the procedures set forth for agencies and the Board
(including the TSP Service Office which is the Board's record keeper)
in''; and
d. In paragraph (a)(5), by revising the last two sentences to read
as follows:
(a) * * *
(5) * * * The employing agency also has custody of the election
form (which is maintained in the Official Personnel Folder). Requests
for amendment or correction of records described in this paragraph
should be made to the employing agency.
* * * * *
Sec. 1630.14 [Amended]
9. Section 1630.14 is amended in paragraph (c) by adding the words
``or the record keeper'' after the word ``Board'' in the first
sentence.
Sec. 1630.16 [Amended]
10. Section 1630.16 is amended in paragraph (d)(1) by adding the
words ``to be'' after the word ``amount''.
Sec. 1630.2, 1630.4, 1630.6, 1630.11, 1630.12 and 1630.16 [Amended]
11. The words ``Thrift Savings Plan Service Office'', ``TSP Service
Office'' and ``Head, TSP Service Office'' are revised to read ``record
keeper'' in the following sections:
1630.2(n);
1630.4(a)(2) in all three sentences;
1630.6(a) in sentence two;
1630.11(a)(2);
1630.12(a) in sentences one and two; and
1630.16(c).
Sec. 1630.6 and 1630.10 [Amended]
12. The words ``Head, TSP Service Office, or designee'' are revised
to read ``record keeper designee'' in the following sections:
1630.6(a) in sentence one;
1630.10(a); and
1630.10(a)(1).
* * * * *
[FR Doc. 99-23829 Filed 9-14-99; 8:45 am]
BILLING CODE 6760-01-P
