[Federal Register Volume 73, Number 106 (Monday, June 2, 2008)]
[Notices]
[Pages 31516-31517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12186]


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RAILROAD RETIREMENT BOARD


Privacy Act of 1974, as Amended; Computer Matching Program 
(Railroad Retirement Board and Social Security Administration Match 
Number 1007)

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 Privacy Act, as amended, RRB is issuing 
public notice of its use and intent to use, in ongoing 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 SSA, of SSA's use and intent to use, in ongoing 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 notice by writing to 
Beatrice Ezerski, Secretary to the Board, Railroad Retirement Board, 
844 North Rush Street, Chicago, Illinois 60611-2092.

FOR FURTHER INFORMATION CONTACT: Lynn Harvey, Chief Privacy Officer, 
Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 
60611-2092, telephone 312-751-4869, e-mail [email protected].

SUPPLEMENTARY INFORMATION: The Computer Matching and Privacy Protection 
Act of 1988, Public Law (Pub. L.) 100-503, amended the Privacy Act (5 
U.S.C. 552a) by describing the conditions under which computer matching 
involving agencies of the Federal Government could be performed and 
adding certain protections for individuals applying for and receiving 
Federal benefits. Section 7201 of the Omnibus Budget Reconciliation Act 
of 1990 (Pub. L. 101-508) further amended the Privacy Act regarding 
protections for such individuals. The Privacy Act, as amended, 
regulates the use of computer matching by Federal agencies when records 
in a system of records are matched with other Federal, State or local 
government records. It requires Federal agencies involved in computer 
matching programs to:
    (1) Negotiate written agreements with the other agency or agencies 
participating in the matching programs;
    (2) Obtain the approval of the matching agreement by the Data 
Integrity Boards (DIB) of the participating Federal agencies;
    (3) Publish notice of the computer matching program in the Federal 
Register;
    (4) Furnish detailed reports about matching programs to Congress 
and OMB;
    (5) Notify applicants and beneficiaries that their records are 
subject to matching; and
    (6) Verify match findings before reducing, suspending, terminating 
or denying an individual's benefits or payments. The last notice for 
this matching program was published at 70 FR 59378 (October 12, 2005).
    Name of Participating Agencies: Social Security Administration 
(SSA) and Railroad Retirement Board (RRB).
    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 (45 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 receive 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, once a year the RRB will receive from SSA 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

[[Page 31517]]

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 weekly from 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 daily from 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 less than 
10 years of railroad service or has 10 or more 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 re-computation 
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 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 that may be given.
    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: May 27, 2008.

    By Authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
 [FR Doc. E8-12186 Filed 5-30-08; 8:45 am]
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