[Federal Register Volume 65, Number 84 (Monday, May 1, 2000)]
[Notices]
[Pages 25397-25399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10811]


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PENSION BENEFIT GUARANTY CORPORATION


Privacy Act of 1974; System of Records

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Notice of a new system of records--PBGC-13, Debt Collection--
PBGC.

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SUMMARY: The Pension Benefit Guaranty Corporation proposes to establish 
a new system of records maintained pursuant to the Privacy Act of 1974, 
as amended. The new system of records, PBGC-13, Debt Collection--PBGC, 
will be maintained to collect debts owed to PBGC by various 
individuals. A routine use will permit disclosure of records to the 
United States Department of Treasury for debt collection pursuant to 
the Debt Collection Improvement Act of 1996.

DATES: Comments on the new system of records must be received on or 
before May 31, 2000. The new system of records will become effective 
June 15, 2000, without further notice, unless comments result in a 
contrary determination and a notice is published to that effect.

ADDRESSES: Comments may be mailed to the Office of the General Counsel, 
Pension Benefit Guaranty Corporation, 1200 K Street, NW., Washington, 
DC 20005-4026, or delivered to Suite 340 at the above address. Comments 
also may be sent by Internet e-mail to [email protected]. Comments 
will be available for public inspection at the PBGC's Communications 
and Public Affairs Department, Suite 240.

FOR FURTHER INFORMATION CONTACT: Holli Beckerman Jaffe, Attorney,

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Pension Benefit Guaranty Corporation, Office of the General Counsel, 
1200 K Street, NW., Washington, DC 20005-4026; 202-326-4123. (For TTY/
TDD users, call the Federal relay service toll-free at 1-800-877-8339 
and ask to be connected to 202-326-4024.)

SUPPLEMENTARY INFORMATION: The PBGC proposes to establish a new debt 
collection system of records entitled PBGC-13, Debt Collection, 
pursuant to the Privacy Act of 1974, as amended. The new system of 
records will be maintained to collect debts owed to PBGC by various 
individuals. A routine use will permit disclosure of certain 
information about debtors and delinquent debts to the Department of 
Treasury (Treasury) to facilitate the PBGC's compliance with the 
transfer and disclosure provisions of the Debt Collection Improvement 
Act of 1996 (DCIA), 31 U.S.C. 3711(e) & (g). General Routine Uses G1 
and G4 through G8, from PBGC's Prefatory Statement of General Routine 
Uses, last published at 60 FR 57462, 57463-57464 (1995), will also 
apply to records maintained in PBGC-13.
    Section 3711(g) of DCIA requires Federal agencies to transfer any 
non-tax debt that is over 180 days delinquent to the Department of 
Treasury for debt collection action. This centralized collection of 
government-wide debt is called ``cross-servicing.'' Under section 
3711(g), Treasury will use all appropriate debt collection tools to 
collect the debt, including referral to a designated debt collection 
center or private collection agency, disclosure to a consumer reporting 
agency, and administrative or tax refund offset.
    Section 3711(e) of DCIA requires agencies to disclose information 
about a debt to a consumer reporting agency. Under cross-servicing, 
Treasury is authorized to disclose debts to consumer reporting agencies 
and will do so if the creditor agency has not done so. The PBGC 
intends, in most cases, to comply with DCIA's requirement to disclose 
debts to consumer reporting agencies by transferring the debt to 
Treasury for cross-servicing.

    Issued in Washington, DC this 26 day of April, 2000.
David Strauss,
Executive Director, Pension Benefit Guaranty Corporation.
PBGC-13

System name:
    Debt Collection--PBGC.

Security classification:
    Not applicable.

System location:
    Pension Benefit Guaranty Corporation, 1200 K Street NW., 
Washington, DC 20005-4026 and/or field benefit administrator, plan 
administrator, and paying agent worksites.

Categories of individuals covered by the system:
    Anyone who may owe a debt to the PBGC, including but not limited 
to: Employees of the PBGC; individuals who are consultants and vendors 
to the PBGC; participants and beneficiaries in terminating and 
terminated pension plans covered by Title IV of the Employee Retirement 
Income Security Act of 1974, as amended (ERISA), and individuals who 
fraudulently received benefit payments from PBGC.

Categories of records in the system:
    Names; addresses; social security numbers; taxpayer identification 
numbers; employee number; travel vouchers and related documents filed 
by employees of the PBGC; invoices filed by consultants and vendors to 
the PBGC; records of benefit payments made to participants and 
beneficiaries in terminating and terminated pension plans covered by 
Title IV of ERISA; and other relevant records relating to the debt 
including the amount, status, and history of the debt, and the program 
under which the debt arose. The records listed herein are included only 
as pertinent or applicable to the individual debtor.

Authority for maintenance of the system:
    29 U.S.C. 1302; 31 U.S.C. 3711(e) & (g).

Purpose(s):
    This system of records is maintained for the purpose of collecting 
debts owed to PBGC by various individuals, including, but not limited 
to, the PBGC's employees, consultants and vendors, participants and 
beneficiaries in terminating and terminated pension plans covered by 
Title IV of ERISA, and individuals who received benefit payments to 
which they are not entitled. This system facilitates the PBGC's 
compliance with the Debt Collection Improvement Act of 1996.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    1. A record from this system of records may be disclosed to the 
United States Department of Treasury for cross-servicing to effect debt 
collection in accordance with 31 U.S.C. 3711(e).
    General Routine Uses G1 and G4 through G8 (see Prefatory Statement 
of General Routine Uses) apply to this system of records.

Disclosure to consumer reporting agencies:
    Information may be disclosed to a consumer reporting agency in 
accordance with 31 U.S.C. 3711(e) (5 U.S.C. 552a(b)(12)).

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are maintained in paper and electronic form.

Retrievability:
    Records are indexed by any one or more of the following: employer 
identification number: social security number; plan number; and name of 
debtor, plan, plan sponsor, plan administrator, participant or 
beneficiary.

Safeguards:
    Paper records are kept in file folders in areas of restricted 
access that are locked after office hours. Electronic records are 
stored on computer networks and protected by assigning user 
identification numbers to individuals needing access to the records and 
by passwords set by authorized users that must be changed periodically.

Retention and disposal:
    Records relating to the debts of consultants and vendors are 
destroyed 6 years and 3 months after the date of the voucher.
    Records relating to debts of PBGC employees involving payroll, 
leave, attendance, and travel are maintained for various periods of 
time, as provided in National Archives and Records Administration 
General Records Schedules 2 and 9.
    Records relating to debts of participants and beneficiaries in 
terminating and terminated pension plans covered by Title IV of ERISA 
are transferred to the Washington National Federal Records Center 6 
months after either the final payment to a participant and/or 
beneficiary, or the PBGC's final determination that a participant or 
beneficiary is not entitled to any benefits, and are destroyed 7 years 
after such payment or determination.
    Records relating to debts of other individuals are maintained until 
their disposition is authorized by the National Archives and Records 
Administration.

System manager(s) and address:
    Director, Financial Operations Department, Pension Benefit Guaranty

[[Page 25399]]

Corporation, 1200 K Street, NW., Washington, DC 20005-4026.

Notification procedure:
    Procedures are detailed in PBGC regulations: 29 CFR part 4902.

Record access procedures:
    Same as notification procedure.

Contesting record procedures:
    Same as notification procedure.

Record source categories:
    Subject individual, plan administrators, labor organization 
officials, firms or agencies providing locator services, and other 
Federal agencies.

Exemptions claimed for the system:
    None.

[FR Doc. 00-10811 Filed 4-28-00; 8:45 am]
BILLING CODE 7708-01-P