[Federal Register Volume 68, Number 41 (Monday, March 3, 2003)]
[Notices]
[Pages 10057-10058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4857]


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RAILROAD RETIREMENT BOARD


Computer Matching and Privacy Protection Act of 1988; Notice of 
RRB and SSA Records Used in Computer Matching

AGENCY: Railroad Retirement Board (RRB).

ACTION: Notice of records used in computer matching programs; 
notification to individuals who are railroad employees, or applicants 
and beneficiaries under the Railroad Retirement Act or who are 
applicants or beneficiaries under the Social Security Act.

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SUMMARY: As required by the Computer Matching and Privacy Protection 
Act of 1988, RRB is issuing public notice of its use and intent to use, 
in ongoing computer matching programs, information obtained from the 
Social Security Administration (SSA) of the amount of wages reported to 
SSA and the amount of benefits paid by that agency. The RRB is also 
issuing public notice, on behalf of the Social Security Administration, 
of SSA's use and intent to use, in ongoing computer matching programs, 
information obtained from the RRB of the amount of railroad earnings 
reported to the RRB.
    The purposes of this notice are (1) to advise individuals applying 
for or receiving benefits under the Railroad Retirement Act of the use 
made by RRB of this information obtained from SSA by means of a 
computer match and (2) to advise individuals applying for or receiving 
benefits under the Social Security Act of the use made by SSA of this 
information obtained from RRB by means of a computer match.

ADDRESSES: Interested parties may comment on this publication by 
writing to Ms. Beatrice Ezerski, Secretary to the Board, Railroad 
Retirement Board, 844 North Rush Street, Chicago, Illinois 60611-2092.

FOR FURTHER INFORMATION CONTACT: Mr. LeRoy Blommaert, Privacy Act 
Officer, Railroad Retirement Board, 844 North Rush Street, Chicago, 
Illinois 60611-2092, telephone number (312) 751-4548.

SUPPLEMENTARY INFORMATION: The Computer Matching and Privacy Protection 
Act of 1988, Pub. L. 100-503, requires a Federal agency participating 
in a computer matching program to publish a notice regarding the 
establishment of a matching program. The last notice for the matching 
program which began October 2, 2000, was published at 65 FR 50724 
(August 21, 2000).
    Name of Participating Agencies: Social Security Administration and 
Railroad Retirement Board.
    Purpose of the Match: The RRB will, on a daily basis, obtain from 
SSA a record of the wages reported to SSA for persons who have applied 
for benefits under the Railroad Retirement Act and a record of the 
amount of benefits paid by that agency to persons who are receiving or 
have applied for benefits under the Railroad Retirement Act. The wage 
information is needed to compute the amount of the tier I annuity 
component provided by sections 3(a), 4(a) and 4(f) of the Railroad 
Retirement Act (42 U.S.C. 231b(a), 45 U.S.C. 231c(a) and 45 U.S.C. 
231c(f). The benefit information is needed to adjust the tier I annuity 
component for the receipt of the Social Security benefit. This 
information is available from no other source.
    In addition, the RRB will received from SSA the amount of certain 
social security benefits which the RRB pays on behalf of SSA. Section 
7(b)(2) of the Railroad Retirement Act (45 U.S.C. 231f(b)(2)) provides 
that the RRB shall make the payment of certain social security 
benefits. The RRB also requires this information in order to adjust the 
amount of any annuity due to the receipt of a social security benefit. 
Section 10(a) of the Railroad Retirement Act (45 U.S.C. 231i(a)) 
permits the RRB to recover any overpayment from the accrual of social 
security benefits. This information is not available from any other 
source.
    Thirdly, the RRB will receive from SSA once a year a copy of SSA's 
Master Benefit Record for earmarked RRB annuitants. Section 7(b)(7)) of 
the Railroad Retirement Act (45 U.S.C. 231f(b)(7) requires that SSA 
provide the requested information. The RRB needs this information to 
make the necessary cost-of-living computation quickly and accurately 
for those RRB annuitants who are also SSA beneficiaries.
    SSA will receive form RRB weekly RRB earnings information for all 
railroad employees. SSA will match the identifying information of the 
records furnished by the RRB against the identifying information 
contained in its Master Benefit Record and its Master Earnings File. If 
there is a match, SSA will use the RRB earnings to adjust the amount of 
Social Security benefits in its Annual Earnings Reappraisal Operation 
(AERO). This information is available from no other source.
    SSA will also receive from RRB on a daily basis RRB earnings 
information on selected individuals. The transfer of information may be 
initiated either by RRB or by SSA. SSA needs this information to 
determine eligibility to Social Security benefits and, if eligibility 
is met, to determine the benefit amount payable. Section 18 of the 
Railroad Retirement Act (45 U.S.C. 231q(2)) requires that earnings 
considered as compensation under the Railroad Retirement Act be 
considered as wages under the Social Security Act for the purposes of 
determining entitlement under the Social Security Act if the person has 
insufficient years of railroad service to qualify for an annuity under 
the Railroad Retirement Act, or has sufficient years of service but 
does not have a current connection with the railroad industry at the 
time of his/her death.
    Authority for Conducting the Match: Section 7(b)(7) of the Railroad 
Retirement Act (45 U.S.C. 231f(b)(7)) provides that the Social Security 
Administration shall supply information necessary to administer the 
Railroad Retirement Act.
    Sections 202, 205(o) and 215(f) of the Social Security Act (42 
U.S.C. 402, 405(o) and 415(f) relate to benefit provisions, inclusion 
of railroad compensation together with wages for payment of benefits 
under certain circumstances, and the recomputation of benefits.
    Categories of Records and Individuals Covered: All applicants for 
benefits under the Railroad Retirement Act and current beneficiaries 
will have a record of any social security wages and the amount of any 
social security benefits furnished to the RRB by SSA. In addition, all 
persons who ever worked in the railroad industry after 1936 will have a 
record of their service and compensation furnished to SSA by RRB. The 
applicable Privacy Act Systems of Records used in the matching program 
are as follows: RRB-5, Master File of Railroad Employees' Creditable 
Compensation; RRB-22, Railroad Retirement, Survivor, Pensioner Benefit 
System; SSA/OSR, 09-60-0090, Master Beneficiary Record (MBR); and SSA/
OSR, 09-60-0059, Master Earnings File (MEF).
    Inclusive Dates of the Matching Program: The consolidated matching 
program shall become effective no sooner than 40 days after notice of 
the

[[Page 10058]]

matching program is sent to Congress and the Office of Management and 
Budget (OMB), or 30 days after publication of this notice in the 
Federal Register, whichever date is later. The matching program will 
continue for 18 months from the effective date and may be extended for 
an additional 12 months thereafter, if certain conditions are met.
    The notice we are giving here is in addition to any individual 
notice.
    A copy of this notice will be or has been furnished to the Office 
of Management and Budget and the designated committees of both Houses 
of Congress.

    Dated: February 25, 2003. By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 03-4857 Filed 2-28-03; 8:45 am]
BILLING CODE 7905-01-M