[Federal Register Volume 72, Number 85 (Thursday, May 3, 2007)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8448]
RAILROAD RETIREMENT BOARD
Privacy Act of 1974 Revision to Existing System of Records
AGENCY: Railroad Retirement Board (RRB).
ACTION: Notice of proposed routine use.
SUMMARY: The purpose of this document is to republish an existing
system of records, give notice of a new routine use in that system of
records, and provide the current locations of the offices of the RRB.
DATES: The proposed routine use will become effective as proposed
without further notice in 40 calendar days from the date of this
publication unless comments are received before this date which would
result in a contrary determination.
ADDRESSES: Send comments to Beatrice Ezerski, Secretary to the Board,
Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois
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@example.com.
SUPPLEMENTARY INFORMATION: The RRB proposes a new routine use
(paragraph ``rr.'') for its system of records, RRB-22, Railroad
Retirement, Survivor, and Pensioner Benefit System, which has been
republished in its entirety. The new routine use would allow disclosure
of the railroad employee's social security number to an individual
eligible for railroad retirement benefits on that employee's earnings
record when the employee's social security number would be contained in
the railroad retirement claim number of that individual. The current
locations of RRB offices are contained in Appendix I, and may also be
obtained by visiting the agency Web site at http://www.rrb.gov.
By Authority of the Board.
Secretary to the Board.
Railroad Retirement, Survivor, and Pensioner Benefit System.
U.S. Railroad Retirement Board, 844 Rush Street, Chicago, Illinois
60611 Regional and District Offices: See Appendix I for addresses.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Applicants for retirement and survivor benefits, their dependents
(spouses, divorced spouses, children, parents, grandchildren),
individuals who filed for lump-sum death benefits and/or residual
CATEGORIES OF RECORDS IN THE SYSTEM:
Information pertaining to the payment or denial of an individual's
claim for benefits under the Railroad Retirement Act: Name, address,
social security number, claim number, proofs of age, marriage,
relationship, military service, creditable earnings and service months
(including military service), entitlement to benefits under the Social
Security Act, programs administered by the Veterans Administration, or
other benefit systems, rates, effective dates, medical reports,
correspondence and telephone inquiries to and about the beneficiary,
suspension and termination dates, health insurance effective date,
option, premium rate and deduction, direct deposit data, employer
pension information, citizenship status and legal residency status (for
annuitants living outside the United States), and tax withholding
information (instructions of annuitants regarding number of
exemptions claimed and additional amounts to be withheld, as well as
actual amounts withheld for tax purposes).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 7(b)(6) of the Railroad Retirement Act of 1974 (U.S.C.
Records in this system of records are maintained to administer the
benefit provisions of the Railroad Retirement Act, sections of the
Internal Revenue Code related to the taxation of railroad retirement
benefits, and Title XVIII of the Social Security Act as it pertains to
Medicare coverage for railroad retirement beneficiaries.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS, AND THE PURPOSES OF SUCH USES:
a. Beneficiary identifying information may be disclosed to third
party contacts to determine if incapacity of the beneficiary or
potential beneficiary to understand or use benefits exists, and to
determine the suitability of a proposed representative payee.
b. In the event the Board has determined to designate a person to
be the representative payee of an incompetent beneficiary, disclosure
of information concerning the benefit amount and other similar
information may be made to the representative payee from the record of
c. Entitlement and benefit rates may be released to primary
beneficiaries regarding secondary beneficiaries (or vice versa) when
the addition of such beneficiary affects either the entitlement or
d. Identifying information such as full name, address, date of
birth, social security number, employee identification number, and date
last worked, may be released to any last employer to verify entitlement
for benefits under the Railroad Retirement Act.
e. Beneficiary identifying information, address, check rates,
number and date may be released to the Department of the Treasury to
control for reclamation and return of outstanding benefit payments, to
issue benefit payments, act on report of non-receipt, to insure
delivery of payments to the correct address of the beneficiary or
representative payee or to the proper financial organization, and to
investigate alleged forgery, theft or unlawful negotiation of railroad
retirement benefit checks or improper diversion of payments directed to
a financial organization.
f. Beneficiary identifying information, address, check rate, date,
number and other supporting evidence may be released to the U.S. Postal
Service for investigation of alleged forgery or theft of railroad
retirement or social security benefit checks.
g. Beneficiary identifying information, entitlement data, medical
evidence and related evaluatory data and benefit rate may be released
to the Social Security Administration and the Centers for Medicare &
Medicaid Services to correlate actions with the administration of Title
II and Title XVIII of the Social Security Act, as amended.
h. Beneficiary identifying information, including social security
account number, and supplemental annuity amounts may be released to the
Internal Revenue Service, State and local taxing authorities for tax
purposes (Form G-1099, for those annuitants receiving supplemental
i. Beneficiary identifying information, entitlement, benefit rates,
medical evidence and related evaluatory data, and months paid may be
furnished to the Veterans Administration for the purpose of assisting
that agency in determining eligibility for benefits or verifying
continued entitlement to and the correct amount of benefits payable
under programs which it administers.
j. Beneficiary identifying information, entitlement data and
benefit rates may be released to the Department of State and embassy
and consular officials, the American Institute on Taiwan, and to the
Veterans Administration Regional Office, Philippines, to aid in the
development of applications, supporting evidence, and the continued
eligibility of beneficiaries and potential beneficiaries living abroad.
k. Beneficiary identifying information, entitlement, benefit rates
and months paid may be released to the Social Security Administration
(Bureau of Supplemental Security Income) the Centers for Medicare &
Medicaid Services, to federal, state and local welfare or public aid
agencies to assist them in processing applications for benefits under
their respective programs.
l. The last addresses and employer information may be released to
the Department of Health and Human Services in conjunction with the
Parent Locator Service.
m. Beneficiary identifying information, entitlement, rate and other
pertinent data may be released to the Department of Labor in
conjunction with payment of benefits under the Federal Coal Mine and
o. Medical evidence may be released to Board-appointed medical
examiners to carry out their functions.
p. Information obtained in the administration of Title XVIII
(Medicare) which may indicate unethical or unprofessional conduct of a
physician or practitioner providing services to beneficiaries may be
released to Professional Standards Review Organizations and State
q. Information necessary to study the relationship between benefits
paid by the Railroad Retirement Board and civil service annuities may
be released to the Office of Personnel Management.
r. Records may be disclosed to the General Accountability Office
for auditing purposes and for collection of debts arising from
overpayments under Title II and Title XVIII of the Social Security Act,
as amended, or the Railroad Retirement Act.
s. Records may be released to contractors to fulfill contract
requirements pertaining to specific activities related to the Railroad
t. Disclosure may be made to a congressional office from the record
of an individual in response to an inquiry from the congressional
office made at the request of that individual.
u. Pursuant to a request from an employer covered by the Railroad
Retirement Act or the Railroad Unemployment Insurance Act, or from an
organization under contract to an employer or employers, information
regarding the Board's payment of retirement benefits, the methods by
which such benefits are calculated, entitlement data and present
address may be released to the requesting employer or the organization
under contract to an employer or employers for the purposes of
determining entitlement to and rates of private supplemental pension,
sickness or unemployment benefits and to calculate estimated benefits
v. If a request for information pertaining to an individual is made
by an official of a labor organization of which the individual is a
member and the request is made on behalf of the individual, information
from the record of the individual concerning his benefit or anticipated
benefit and concerning the method of calculating that benefit may be
disclosed to the labor organization official.
w. Records may be disclosed in a court proceeding relating to any
claims for benefits by the beneficiary under the Railroad Retirement
Act, and may be disclosed during the course of an administrative appeal
who need the records to prosecute or decide the appeal or to
individuals who are requested to provide information relative to an
issue involved in the appeal.
x. In the event that this system of records, maintained by the
Railroad Retirement Board to carry out its functions, indicates a
violation or potential violation of law, whether civil, criminal, or
regulatory in nature, and whether arising by general statute or
particular program statute, or by regulation, rule or order issued
pursuant thereto, the relevant records in the system of records may be
referred, as a routine use, to the appropriate agency, whether federal,
state, local or foreign, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, rule, regulation or order issued pursuant
thereto, provided that disclosure would be to an agency engaged in
functions related to the Railroad Retirement Act or provided that
disclosure would be clearly in the furtherance of the interest of the
y. Information in this system of records may be released to the
attorney representing such individual in connection with the
individual's claim for benefits under the Railroad Retirement Act, upon
receipt of a written letter or declaration stating the fact of
representation, subject to the same procedures and regulatory
prohibitions as the subject individual.
z. The amount of a residual lump-sum payment and the identity of
the payee may be released to the Internal Revenue Service for tax audit
aa. The amount of any death benefit or annuities accrued but unpaid
at death and the identity of such payee may be released to the
appropriate state taxing authorities for tax assessment and auditing
bb. Beneficiary identifying information, including but not limited
to name, address, social security account number, payroll number and
occupation, the fact of entitlement and benefit rate may be released to
the Pension Benefit Guaranty Corporation to enable that agency to
determine and pay supplemental pensions to qualified railroad retirees.
cc. Medical records may be disclosed to vocational consultants in
dd. Date employee filed application for annuity to the last
employer under the Railroad Retirement Act for use in determining
entitlement to continued major medical benefits under insurance
programs negotiated with labor organizations.
ee. Information regarding the determination and recovery of an
overpayment made to an individual may be released to any other
individual from whom any portion of the overpayment is being recovered.
ff. The name and address of an annuitant may be released to a
Member of Congress when the Member requests it in order that he or she
may communicate with the annuitant about legislation which affects the
railroad retirement system.
gg. Certain identifying information about annuitants, such as name,
social security number, RRB claim number, and date of birth, as well as
address, year and month last worked for a railroad, last railroad
occupation, application filing date, annuity beginning date, identity
of last railroad employer, total months of railroad service, sex,
disability onset date, disability freeze onset date, and cause and
effective date of annuity termination may be furnished to insurance
companies for administering group life and medical insurance plans
negotiated between certain participating railroad employers and railway
hh. For payments made after December 31, 1983, beneficiary
identifying information, address, amounts of benefits paid and repaid,
beneficiary withholding instructions, and amounts withheld by the RRB
for tax purposes may be furnished to the Internal Revenue Service for
tax administration purposes.
ii. Relevant information may be disclosed to the Office of the
President for responding to an individual pursuant to an inquiry from
that individual or from a third party in his/her behalf.
jj. Last address and beneficiary identifying information may be
furnished to railroad employers for the purpose of mailing railroad
passes to retired employees and their families.
kk. Entitlement data and benefits rates may be released to any
court, state agency, or interested party, or to the representative of
such court, state agency, or interested party, in connection with
contemplated or actual legal or administrative proceedings concerning
domestic relations and support matters.
ll. Identifying information about annuitants and applicants may be
furnished to agencies and/or companies from which such annuitants and
applicants are receiving or may receive worker's compensation, public
pension, or public disability benefits in order to verify the amount by
which Railroad Retirement Act benefits must be reduced, where
mm. Disability annuitant identifying information may be furnished
to state employment agencies for the purpose of determining whether
such annuitants were employed during times they receive disability
nn. Identifying information about Medicare-entitled beneficiaries
who may be working may be disclosed to the Centers for Medicare &
Medicaid Services for the purposes of determining whether Medicare
should be the secondary payer of benefits for such individuals.
oo. Disclosure of information in claim folders is authorized for
bonafide researchers doing epidemiological/mortality studies approved
by the RRB who agree to record only information pertaining to deceased
pp. Identifying information for beneficiaries, such as name, SSN,
and date of birth, may be furnished to the Social Security
Administration and to any State for the purpose of enabling the Social
Security Administration or State through a computer or manual matching
program to assist the RRB in identifying female beneficiaries who
remarried but who may not have notified the RRB of their remarriage.
qq. An employee's date last worked, annuity filing date, annuity
beginning date, and the month and year of death may be furnished to
AMTRAK when such information is needed by AMTRAK to make a
determination whether to award a travel pass to either the employee or
the employee's widow.
rr. The employee's social security number may be disclosed to an
individual eligible for railroad retirement benefits on the employee's
earnings record when the employee's social security number would be
contained in the railroad retirement claim number.
DISCLOSURE TO CONSUMER REPORTING AGENCIES
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
Paper, microforms, magnetic tape and magnetic disk.
Claim number, social security number and full name.
Papers and microforms: Maintained in areas not accessible to the
public, offices are locked during non-business hours.
Magnetic tape and magnetic disk: Computer and computer storage rooms
are restricted to authorized personnel; on-line query safeguards
include a lock/unlock password system, a terminal oriented transaction
matrix and an audit trail; for computerized records electronically
transmitted between headquarters and field office locations, system
securities are established in accordance with National Institute of
Standards and Technology guidelines. In addition to the on-line query
safeguards, they include encryption of all data transmitted and
exclusive use of leased telephone lines.
RETENTION AND DISPOSAL:
Paper.--Individual claim folders with records of all actions
pertaining to the payment of claims are transferred to the Federal
Records Center, Chicago, Illinois 5 years after the date of last
payment or denial activity if all benefits have been paid, no future
eligibility is apparent and no erroneous payments are outstanding. The
claim folder is destroyed 25 years after the date it is received in the
center. Account receivable listings and checkwriting operations daily
activity listings are transferred to the Federal Records Center 1 year
after the date of issue and are destroyed 6 years and 3 months after
receipt at the center. Other paper listings are destroyed 1 year after
the date of issue. Change of address source documents are destroyed
after 1 year.
Microforms.--Originals are kept for 3 years, transferred to the
Federal Records Center, and destroyed when 8 years old. One duplicate
copy is kept 2 years and destroyed by shredding. All other duplicate
copies are kept 1 year and destroyed by shredding.
Magnetic tape.--Magnetic tape records are used to daily update the
disk file, are retained for 90 days and then written over. For disaster
recovery purposes certain tapes are stored 12-18 months.
Magnetic disk.--Continually updated and permanently retained.
SYSTEM MANAGER(S) AND ADDRESS:
Office of Programs--Director of Policy and Systems, Railroad
Retirement Board, 844 Rush Street, Chicago, Illinois 60611-2092
Requests for information regarding an individual's records should
be in writing, including the full name, social security number and
railroad retirement claim number (if any) of the individual. Before
information about any records will be released, the individual may be
required to provide proof of identity, or authorization from the
individual to permit release of information. Such requests should be
sent to: Office of Programs--Director of Operations, Railroad
Retirement Board, 844 Rush Street, Chicago, Illinois 60621-2092.
RECORD ACCESS PROCEDURE:
See Notification section above.
CONTESTING RECORD PROCEDURE:
See Notification section above.
RECORD SOURCE CATEGORIES:
Individual applicants or their representatives, railroad employers,
other employers, physicians, labor organizations, Federal, State and
local government agencies, attorneys, funeral homes, congressmen,
schools, foreign governments.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
* * * * *
Offices of the U.S. Railroad Retirement Board
A. Regional Offices
Peachtree Summit Bldg, Rm 1703, 401 West Peachtree St., Atlanta, GA
Nix Federal Building, 900 Market St., Suite 304, Philadelphia, PA
1999 Broadway, Suite 2260, Denver, CO 80202
B. District Offices
Medical Forum Bldg., Rm 426, 950 22nd Street North, Birmingham, AL
Financial Plaza, Ste 4850, 1201 South Alma School Road, Mesa, AZ
1200 Cherry Brook Drive, Suite 500, Little Rock, AR 72211-4113
858 Oak Park Road, Suite 102, Covina, CA 91724-3674
Oakland Fed Bldg, Ste 392N, 1301 Clay St., Oakland, CA 94612-5220
801 I Street, Rm 205, Sacramento, CA 95814-2559
721 19th Street, Room 177, PO Box 8869, Denver, CO 80201-8869
550 Water Street Building, Suite 330, 550 Water Street,
Jacksonville, FL 32202-5177
Timberlake Fed Bldg, Ste 300, 500 E. Zack St., Tampa, FL 33602-3918
Peachtree Summit Bldg, Rm 1702, 401 W Peachtree St., Atlanta, GA
844 N Rush St., Rm 901, Chicago, IL 60611-2092
Millikin Court, Ste 517, 132 S Water St., Decatur, IL 62523-1077
63 West Jefferson Street, Suite 102, PO Box 457, Joliet, IL 60434-
The Meridian Centre, Ste 303, 50 S Meridian, Indianapolis, IN 46204-
Fed Bldg, Rm 921, 210 Walnut St., Des Moines, IA 50309-2182
1861North Rock Road, Suite 390, Wichita, KS 67206-1264
Theatre Bldg, Ste 301, 629 S 4th Ave., PO Box 3705, Louisville, KY
Hale Boggs Federal Bldg., 500 Poydras St., Rm 1045, New Orleans, LA
George H. Fallon Bldg., 31 Hopkins Plaza, Suite 820, Baltimore, MD
408 Atlantic Ave, Room 441, PO Box 52126, Boston, MA 02205-2126
McNamara Fed Bldg, Ste 1199, 477 W Michigan Ave, Detroit, MI 48226-
Fed Bldg, Rm 125, 515 W First St., Duluth, MN 55802-1392
180 E 5th St., Ste 195, St. Paul, MN 55101-1631
601 E 12th St., Rm 113, Kansas City, MO 64106-2808
Young Fed Bldg, Rm 7.303, 1222 Spruce St., St. Louis, MO 63103-2818
Judge Jameson Fed Bldg, Rm 101, 2900 Fourth Ave., North, Billings,
Hruska U.S. Cthse, Ste C125 111 S 18 Plaza, PO Box 815, Omaha, NE
20 Washington Place, Rm 516, Newark, NJ 07102-3110
300 San Mateo Blvd, NE., Ste 401, Albuquerque, NM 87108-1503
O'Brien Fed Bldg, Rm 264,Clinton Ave., & Pearl St, PO Box 529,
Albany, NY 12201-0529
186 Exchange St., Ste 110, Buffalo, NY 14204-2026
1400 Old Country Road, Ste 202, Westbury, NY 11590-5119
Fed Bldg, Rm 3404, 26 Federal Plaza, New York, NY 10278-0105
Quorum Business Park, Ste 120 7508 E Independence Blvd., Charlotte,
USPO Bldg, Rm 312, 657 Second Ave North, Fargo, ND 58102-4727
URS Building Suite 201, 36 E 7th St, Cincinnati, OH 45202-4439
Celebrezze Fed Bldg, Rm 907, 1240 E 9th St, Cleveland, OH 44199-2093
Green-Wyatt Fed Bldg, Rm 377, 1220 SW 3rd Ave, Portland, OR 97204-
1514 11th Avenue, PO Box 990, Altoona, PA 16603-0990
Fed Bldg, Rm 576, 228 Walnut St, Box 11697, Harrisburg, PA 17108-
Nix Fed Bldg, 900 Market St., Ste 301, PO Box 327, Philadelphia, PA
Moorhead Fed Bldg, Rm 1511, 1000 Liberty Ave., Pittsburgh, PA 15222-
Siniawa Plaza II, 717 Scranton Carbondale Hwy, Scranton, PA 18508-
233 Cumberland Bend, Ste 104, Nashville, TN 37228-1813
819 Taylor St, Rm 10G02, PO Box 17420, Fort Worth, TX 76102-0420
Leland Fed Bldg, Ste 845, 1919 Smith, Houston, TX 77002-8051
125 S State St, Rm 1205, Salt Lake City, UT 84138-1137
400 North 8th St., Ste 470, Richmond, VA 23219-4819
First Campbell Square, Ste 260, 210 First Street, SW, PO Box 270,
Roanoke, VA 24002-0270
Pacific First Plaza, Ste 201, 155 108th Ave, NE, Bellevue, WA 98004-
US Cthse, Rm 492, W 920 Riverside Ave, Spokane, WA 99201-1081
New Fed Bldg, Rm 145, 640 4th Ave, PO Box 2153, Huntington, WV
Reuss Plaza, Ste 1300, 310 W Wisconsin Ave, Milwaukee, WI 53203-2219
[FR Doc. E7-8448 Filed 5-2-07; 8:45 am]
BILLING CODE 7905-01-P