[Federal Register Volume 78, Number 11 (Wednesday, January 16, 2013)]
[Notices]
[Pages 3474-3476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00774]


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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).
AGENCY: Notice-computer matching between the Office of Personnel 
Management and the Social Security Administration (CMA 1071).
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). This notice replacesthe 
notice that published in the Federal Register on January 8, 2013 (78 FR 
1275).

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

[[Page 3475]]

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 Services, Office of Personnel Management, Room 4332, 1900 E. 
Street NW., Washington, DC 20415.

FOR FURTHER INFORMATION CONTACT: Bernard A. Wells III on (202) 606-
2730.

SUPPLEMENTARY INFORMATION:

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:

Negotiate written agreements with the other agency for agencies 
participating in the matching programs;
Obtain the approval of the match agreement by the Data Integrity Boards 
(DIB) of the participating Federal agencies;
Furnish detailed reports about matching programs to Congress and OMB;
Notify applicants and beneficiaries that their records are subject to 
matching;
Verify match findings before reducing, suspending, termination or 
denying an 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)
    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 Services. 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 Master Files of Social Security Number Holders and SSN 
Applications (Numident), 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 
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 requirement for widow's or 
widow(er'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)(l)(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

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OMB circulars and memorandum (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 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 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 than 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. 2013-00774 Filed 1-14-13; 8:45 am]
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