[Federal Register: October 15, 2003 (Volume 68, Number 199)]
[Notices]
[Page 59423-59424]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15oc03-113]
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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]
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