[Federal Register Volume 75, Number 142 (Monday, July 26, 2010)]
[Notices]
[Pages 43579-43581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18152]


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OFFICE OF PERSONNEL MANAGEMENT


Privacy Act of 1974; Computer Matching Program Between the Office 
of Personnel Management and Social Security Administration

AGENCY: Office of Personnel Management (OPM).

ACTION: Notice--computer matching between the Office of Personnel 
Management and the Social Security Administration.

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SUMMARY: In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as 
amended by the Computer Matching and Privacy Protection Act of 1988 
(Pub. L. 100-503), Office of Management and Budget (OMB) Guidelines on 
the Conduct of Matching Programs (54 FR 25818 published June 19, 1989), 
and OMB Circular No. A-130, revised November 28, 2000, ``Management of 
Federal Information Resources,'' the Office of Personnel Management 
(OPM) is publishing notice of its new computer matching program with 
the Social Security Administration (SSA).

DATES: OPM will file a report of the subject matching program with the 
Committee on Homeland Security and Governmental Affairs of the Senate, 
the Committee on Oversight and Government Reform of the House of 
Representatives and the Office of Information and Regulatory Affairs, 
Office of Management and Budget (OMB). The matching program will begin 
30 days after the Federal Register notice has been published or 40 days 
after the date of OPM's submissions of the letters to Congress and OMB, 
whichever is later. The matching program will continue for 18 months 
from the beginning date and may be extended an additional 12 months 
thereafter. Subsequent matches will run 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 Marc Flaster, Chief, Resource Management, 
Retirement and Benefits, Office of Personnel Management, Room 4332, 
1900 E. Street, NW., Washington, DC 20415.

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

SUPPLEMENTARY INFORMATION:

[[Page 43580]]

A. General

    The Privacy Act (5 U.S.C. 552a), as amended, establishes the 
conditions under which computer matching involving 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. Among other 
things, it requires Federal agencies involved in computer matching 
programs to:
    (1) Negotiate written agreements with the other agency for agencies 
participating in the matching programs;
    (2) Obtain the approval of the match agreement by the Data 
Integrity Boards (DIB) of the participating Federal agencies;
    (3) Furnish detailed reports about matching programs to Congress 
and OMB;
    (4) Notify applicants and beneficiaries that their records are 
subject to matching;
    (5) Verify match findings before reducing, suspending, termination 
or denying and individual's benefits or payments.

B. OPM Computer Matches Subject to the Privacy Act

    We have taken action to ensure that all of OPM's computer matching 
programs comply with the requirements of the Privacy Act, as amended.

Notice of Computer Matching Program, Office of Personnel Management 
(OPM) With the Social Security Administration (SSA)

A. Participating Agencies

OPM and SSA

B. Purpose of the Matching Program

    The purpose of this agreement is to establish the terms, conditions 
and safeguards for disclosure of Social Security benefit information to 
OPM via direct computer link for the administration of certain programs 
by OPM's Retirement & Benefits. OPM is legally required to offset 
specific benefits by a percentage of benefits (i.e. Disability 
Annuitants, Children Survivor Annuitants and Spousal Survivor 
Annuitants) payable under Title II of the Social Security Act. This 
matching activity will enable OPM to compute benefits at the correct 
rate and determine eligibility for these benefits.

C. Authority for Conducting the Matching Program

    Section 8461(h) of title 5 of the United States Code.

D. Categories of Records and Individuals Covered by the Match

    Under the matching program, OPM will match SSA's disability 
insurance benefits (DIB) and payment date against OPM's records of 
retirees receiving a FERS disability annuity. The purpose of the 
matching program is to identify a person receiving both a FERS 
disability annuity and a DIB under Section 223 of the Social Security 
Act, 42 U.S.C. 423, in order to apply OPM offsets. Under FERS, 5 U.S.C. 
8452(a)(2)(A), for any month in which an annuitant is entitled to both 
a FERS disability annuity and to a DIB, the FERS annuity shall be 
computed as follows: the FERS disability annuity is reduced, for any 
month during the first year after the individual's FERS disability 
annuity commences or is restored, by 100% of the individual's assumed 
Social Security DIB for such month, and, for any month occurring during 
a period other than the period described above, by 60% of the 
individual's assumed Social Security DIB for such month. OPM will 
provide SSA with an extract from the Annuity Master File and from 
pending claims snapshot records via the File Transfer Management System 
(FTMS). The extracted file will contain identifying information 
concerning the child survivor annuitant for whom OPM needs information 
concerning receipt of SSA child survivor benefits: full name, Social 
Security Number, date of birth, and type of information requested, as 
required to extract data from the SSA State Verification and Exchange 
System Files for Title II records. Each record on the OPM file will be 
matched to SSA's records to identify FERS child survivor annuitants who 
are receiving SSA CIBs. The SSA systems of records involved in this CMA 
are the Enumeration System, 60-0058 and the MBR, 60-0090. OPM's system 
of records involved in this matching program is designated OPM/Central-
1, Civil Service Retirement and Insurance Records. For records from 
OPM/Central-1, notice was provided by the publication of the system of 
records in the Federal Register at 64 FR 54930 (Oct. 8, 1999), as 
amended at 65 FR 2772 (May 3, 2000), updated at 72 FR 60041 (October 
23, 2007), and amended at 73 FR 15013 (March 20, 2008).
    OPM's records of surviving spouses who may be eligible to receive 
the FERS Supplementary Annuity will be matched against SSA's mother or 
father's insurance benefit and/or disabled widow (er)'s insurance 
benefit records. If the surviving spouse is receiving one of the above 
e-described Social Security benefits, he or she is not eligible to 
receive the FERS Supplementary Annuity. FERS, 5 U.S.C. 8442 (f) 
provides that a survivor who is entitled to a survivor's annuity and 
who meets certain other statutory requirements shall also be entitled 
to a Supplementary Annuity. To be eligible to receive a Supplementary 
Annuity for a given month, the surviving spouse of a deceased FERS 
annuitant must be eligible for a FERS survivor annuity, be under age 
60, be an individual who would be entitled to widow's or widower's 
insurance benefits under the requirements of sections 202(e) and 
402(f), based on the wages and self employment survivor had attained 
age 60 and otherwise satisfied necessary requirements for widow's or 
widower's insurance benefits. See 5 U.S.C 8442(f)(4)(B). The individual 
must not be eligible for Social Security mother's or father's insurance 
benefits or disabled widow (er)'s insurance benefits based on the 
deceased annuitant's wages and self-employment income.

E. Privacy Safeguards and Security

    The Privacy Act (5 U.S.C. 552a(o)(1)(G) requires that each matching 
agreement specify procedures for ensuring the administrative, technical 
and physical security of the records matched and the results of such 
programs. All Federal agencies are subject to: the Federal Information 
Security Management Act of 2002 (FISMA) (44 U.S.C. 3541 et seq.); 
related OMB circulars and memoranda (e.g. OMB Circular A-130 and OMB M-
06-16); National Institute of Science and Technology (NIST) directives; 
and the Federal Acquisition Regulations (FAR). These laws, circulars, 
memoranda, directives, and regulations include requirements for 
safeguarding Federal information systems and personally identifiable 
information used in Federal agency business processes, as well as 
related reporting requirements. OPM and SSA recognize that all laws, 
circulars, memoranda, directives and regulations relating to the 
subject of this agreement and published subsequent to the effective 
date of this agreement must also be implemented if mandated.
    FISMA requirements apply to all Federal contractors and 
organizations or sources that process or use Federal information, or 
that operate, use, or have access to Federal information systems on 
behalf of an agency. OPM will be responsible for oversight and

[[Page 43581]]

compliance of their contractors and agents. Both OPM and SSA reserve 
the right to conduct onsite inspection to monitor compliance with FISMA 
regulations.

F. Inclusive Dates of the Match

    The matching program shall become effective upon the signing of the 
agreement by both parties to the agreement and approval of the 
agreement by the Data Integrity Boards of the respective agencies, but 
no sooner that 40 days after notice of the matching program is sent to 
Congress and the Office of Management and Budget or 30 days after 
publication of this notice in the Federal Register, whichever 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.

U.S. Office of Personnel Management.
John Berry,
Director.
[FR Doc. 2010-18152 Filed 7-23-10; 8:45 am]
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