[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Notices]
[Pages 53005-53006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21507]


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RAILROAD RETIREMENT BOARD


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

AGENCY: Railroad Retirement Board (RRB).

ACTION: Notice of a renewal of an existing computer-matching program 
that expires on January 6, 2011.

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SUMMARY: As required by the Privacy Act of 1974, as amended, the RRB is 
issuing public notice of its renewal of an ongoing computer-matching 
program with the Social Security Administration (SSA). The purpose of 
this notice is 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. The RRB is 
also issuing public notice, on behalf of the SSA, of their intent to 
conduct a computer-matching program based on information provided to 
them by the RRB.

DATES: This matching program becomes effective as proposed without 
further notice on October 12, 2010. We will file a report of this 
computer-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).

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. Timothy Grant, Chief Privacy 
Officer, Railroad Retirement Board, 844 North Rush Street, Chicago, 
Illinois 60611-2092, telephone 312-751-4869 or e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

A. General

    The Computer Matching and Privacy Protection Act of 1988, (Pub. L. 
100-503), amended by the Privacy Act of 1974, (5 U.S.C. 552a) as 
amended, requires a Federal agency participating in a computer matching 
program to publish a notice in the Federal Register for all matching 
programs.
    The Privacy Act, as amended, regulates the use of computer matching 
by Federal agencies when records contained in a Privacy Act 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 a person's benefits or payments. The last notice for this 
matching program was published at 73 FR 31516-31517 (June 2, 2008).

B. RRB Computer Matches Subject to the Privacy Act

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

Notice of Computer Matching Program, RRB With the SSA, Match 1007

A. Name of Participating Agencies

    Railroad Retirement Board (RRB) and the Social Security 
Administration (SSA).

B. Purpose of the Matching Program

    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

[[Page 53006]]

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.
    Second, 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.
    Third, 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 this information to 
make the necessary cost-of-living computation adjustments 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. 
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.

C. 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.

D. 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 RRB Privacy Act Systems of Records and their Federal 
Register citation used in the matching program are:
    1. RRB-5, Master File of Railroad Employees' Creditable 
Compensation; FR 75 43715 (July 26, 2010);
    2. RRB-22, Railroad Retirement, Survivor, Pensioner Benefit System; 
FR 75 43727 (July 26, 2010).

The applicable SSA Privacy Act Systems of Records used and their 
Federal Register citation used in the matching program are:
    1. SSA 60-0058, Master Files of Social Security Number (SSN) 
Holders and SSN Applications (the Enumeration System); 74 FR 62866 
(December 1, 2009)
    2. SSA/OSR, 60-0059, Earnings Recording and Self-Employment Income 
System (MEF); 71 FR 1819 (January 11, 2006)
    3. SSA/OSR 60-0090, Master Beneficiary Record (MBR); 71 FR 1826 
(January 11, 2006)
    4. SSA/ODISSIS 60-103, Supplemental Security Income Record and 
Special Veteran Benefits; 71 FR 1830 (January 11, 2006)
    5. SSA/OPB 60-0269, Prisoner Update Processing System (PUPS); 64 FR 
11076 (March 8, 1999)

E. Inclusive Dates of the Matching Program

    This matching program will become effective January 6, 2011 or 40 
days after a copy of the agreement, as approved by the Data Integrity 
Board of each agency, is sent to Congress and the Office of Management 
and Budget, or 30 days after publication of this notice in the Federal 
Register, whichever date is latest. The matching program will continue 
for 18 months after the effective date and may be extended for an 
additional 12 months, if the conditions specified in 5 U.S.C. 
552a(o)(2)(D) have been met.

    Dated: August 24, 2010.

    By authority of the Board.
Beatrice Ezerski,
Secretary to the Board.
[FR Doc. 2010-21507 Filed 8-27-10; 8:45 am]
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