[Federal Register Volume 68, Number 199 (Wednesday, October 15, 2003)]
[Notices]
[Pages 59423-59424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25946]


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OFFICE OF PERSONNEL MANAGEMENT


Privacy Act of 1974; Computer Matching Programs, Office of 
Personnel Management/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 this 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 benefits simultaneously under CSRA or FERSA and 
the FECA. All three laws prohibit the receipt of certain simultaneous 
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 64 FR 
54930 October 8, 1999, as amended May 3, 2000, (65 FR 25775) 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 67 FR 16817, on April 8, 2002.

DATES: The matching program will begin in October 2003, 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 2003, unless comments on the match 
are received that result in cancellation of the program. 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.

ADDRESSES: Send comments to Maurice O. Duckett, Assistant Director for 
RIS Support Services Program, Office of Personnel Management, Room 
4H28, 1900 E. Street NW., Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT: James Sparrow, (202) 606-1803.

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 FERS 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 a Federal employee, is prohibited. 
OPM has the responsibility to monitor retirement annuity and survivor 
benefits paid under the retirement laws 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 OWCP's responsibility to ensure that Federal employees 
or dependents of deceased Federal employees receiving benefits under 
the FECA are not also receiving benefits under CSRA or FERSA which are 
prohibited.
    By comparing the information received through this computer 
matching program on a regular basis, the agencies will be able to make 
a timely and more accurate adjustment in their benefit payments. 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, security safeguards, and plans for the 
disposal of records following completion of the match are provided in 
the text below.

    Office of Personnel Management
Kay Coles James,
Director.

Matching of Records Between Office of Workers' Compensation Programs 
and the Office of Personnel Management

    A. Authority. The Civil Service Retirement Act (CSRA), 5 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 also may receive benefits under 
the FECA. OPM's responsibility as the administrator of CSRA and the 
FERSA is to assure that such benefit payments are proper and to prevent 
fraud and abuse. The computer matching program is an efficient method 
of determining whether these individuals are receiving benefits 
simultaneously from both OPM and OWCP which is prohibited by law.
    OWCP will provide OPM with extracts of its payment files containing 
data (names, social security 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 for the same day 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. This due process will be provided to the 
individual before any payment adjustments are made.
    C. Personnel Records to be Matched. The respective OPM and OWCP 
system of records cited above, which contain payment data on 
beneficiaries, will be matched.
    D. 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

[[Page 59424]]

Computer Matching and Privacy 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 normal work hours and after work, or when 
not in use.
    E. 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,'' those records relating to matched individuals, 
will be disposed of in accordance with 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. 03-25946 Filed 10-14-03; 8:45 am]
BILLING CODE 6325-50-P